NCDRC

NCDRC

RP/2596/2019

RAJASTHAN HOUSING BOARD & 2 ORS. - Complainant(s)

Versus

VIKRAM JAIN - Opp.Party(s)

M/S. N.K. CHAUHAN & ASSOCIATES

04 Mar 2020

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2596 OF 2019
 
(Against the Order dated 10/05/2019 in Appeal No. 380/2019 of the State Commission Rajasthan)
1. RAJASTHAN HOUSING BOARD & 2 ORS.
JYOTI NAGAR, JANPATH,
JAIPUR
RAJASTHAN
2. RAJASTHAN HOUSING BOARD
THROUGH HOUSING COMMISSIONER, ZONE-1, SECTOR 5, PRATAP NAGAR, SANGANER,
JAIPUR
RAJASTHAN
3. RAJASTHAN HOUSING BOARD
THROUGH HOUSING COMMISSIONER, ZONE-1, SECTOR 5, PRATAP NAGAR, SANGANER
JAIPUR
RAJASTHAN
...........Petitioner(s)
Versus 
1. VIKRAM JAIN
S/O. SH. ASHOK KUMAR JAIN, R/O. 2-B, RAMDWARA COLONY, MAHAVEER NAGAR,
JAIPUR
RAJASTHAN
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT
 HON'BLE DR. S.M. KANTIKAR,MEMBER

For the Petitioner :
Mr. N.K. Chauhan, Advocate
For the Respondent :

Dated : 04 Mar 2020
ORDER

The present Revision Petition has been filed against the Order dated 10.05.2019 passed by the Rajasthan State Consumer Disputes Redressal Commission, Bench No.1, Jaipur (hereinafter referred to as “the State Commission”), whereby the Appeal preferred by the Petitioner herein has been dismissed.

2.       Office has reported a delay of 113 days in filing the present Revision Petition. IA/19171/2019 has been filed by the Petitioners seeking condonation of delay. Heard Mr. N.K. Chauhan, learned Counsel for the Petitioner and perused the averments made in the Application seeking condonation of delay. The cause shown is sufficient. The delay is condoned and the Revision Petition is treated to having been filed within limitation. The Application is allowed.

3.       Learned Counsel for the Petitioner submitted that in the Application Form the Complainant/ Respondent had given two addresses, one was permanent address and other one was temporary address and therefore intimation was sent on the permanent address.

4.       It is not in dispute that on 07.11.2013, the Complainant/ Respondent had informed the Petitioner herein about the change of address on which all the communication or information should be given.

5.       Learned Counsel for the Petitioner submitted that even if there is a change of address, Petitioner is not bound or obligated to send the information on the changed address. This submission is wholly misconceived. The situation may arise, wherein the Applicant/ Allottee may mention a particular address in the Application Form as permanent but subsequently on account of some reasons  the Applicant/ Allottee has to change the address and informed the change of address to the Petitioner. It is the duty of the Petitioner to send the information on the changed address. That having not been done, we are of the considered opinion that the District Forum and the State Commission are perfectly justified in directing the refund of the amount along with interest, compensation and cost.

6.       The Revision Petition fails and is dismissed.

 
......................J
R.K. AGRAWAL
PRESIDENT
......................
DR. S.M. KANTIKAR
MEMBER

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