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Rajasthan Housing Board Through Secretary Jyoti Nagar Jaipur Rajasthan & Another v/s V.V. Harit


Company & Directors' Information:- JYOTI LIMITED [Active] CIN = L36990GJ1943PLC000363

Company & Directors' Information:- S V HOUSING PRIVATE LIMITED [Active] CIN = U70109DL2006PTC150816

Company & Directors' Information:- V G P HOUSING PRIVATE LIMITED [Active] CIN = U65922TN1972PTC006240

Company & Directors' Information:- B R HOUSING PVT LTD [Active] CIN = U45203WB1995PTC073083

Company & Directors' Information:- JYOTI LIMITED [Active] CIN = U55101JK1964PLC000286

Company & Directors' Information:- G K S HOUSING LIMITED [Amalgamated] CIN = U45201TN1996PLC036147

Company & Directors' Information:- R. J. HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2007PTC114792

Company & Directors' Information:- INDIA HOUSING LIMITED [Active] CIN = U45200PN2008PLC131883

Company & Directors' Information:- R D HOUSING PVT LTD [Active] CIN = U70101WB1996PTC081099

Company & Directors' Information:- VV HOUSING PRIVATE LIMITED [Active] CIN = U45200DL2006PTC154059

Company & Directors' Information:- JYOTI INDIA PRIVATE LIMITED [Active] CIN = U74899DL1986PTC024784

Company & Directors' Information:- G C HOUSING PRIVATE LIMITED [Active] CIN = U45201DL2003PTC122011

Company & Directors' Information:- J. D. HOUSING PRIVATE LIMITED [Active] CIN = U45309PN2016PTC166622

Company & Directors' Information:- A N HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400UP2008PTC035479

Company & Directors' Information:- D L HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2009PTC135703

Company & Directors' Information:- G M K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069486

Company & Directors' Information:- R G HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC052735

Company & Directors' Information:- B B HOUSING PRIVATE LIMITED [Strike Off] CIN = U70109WB1997PTC084775

Company & Directors' Information:- B S R HOUSING PRIVATE LIMITED [Strike Off] CIN = U70102AP2005PTC048146

Company & Directors' Information:- M. P. HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200UP2007PTC033329

Company & Directors' Information:- S K J HOUSING PRIVATE LIMITED [Active] CIN = U63023WB1999PTC089993

Company & Directors' Information:- S V R HOUSING INDIA PRIVATE LIMITED [Strike Off] CIN = U45200AP2009PTC064511

Company & Directors' Information:- R K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032252

Company & Directors' Information:- J HOUSING PRIVATE LTD [Active] CIN = U74899DL1980PTC010338

Company & Directors' Information:- K P A HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201TN2005PTC055354

Company & Directors' Information:- V. D. P. HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC054142

Company & Directors' Information:- G R E HOUSING PRIVATE LIMITED [Active] CIN = U70102AP2008PTC061004

Company & Directors' Information:- G M HOUSING PRIVATE LIMITED [Strike Off] CIN = U99999MH1994PTC076203

Company & Directors' Information:- K K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200DL2012PTC232532

Company & Directors' Information:- V R HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201AP1998PTC030550

Company & Directors' Information:- A. S. HOUSING PRIVATE LIMITED [Active] CIN = U45209PB2012PTC036226

Company & Directors' Information:- S. N. HOUSING PRIVATE LIMITED [Active] CIN = U45400MH2010PTC202407

Company & Directors' Information:- P & M HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC229509

Company & Directors' Information:- D. H. HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC237322

Company & Directors' Information:- N K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200MH2003PTC139304

Company & Directors' Information:- NAGAR CORPORATION PRIVATE LIMITED [Active] CIN = U74900PN2013PTC148356

Company & Directors' Information:- JYOTI HOUSING PRIVATE LIMITED [Strike Off] CIN = U45203MH2008PTC186214

Company & Directors' Information:- C S R HOUSING PRIVATE LIMITED [Active] CIN = U45400TG2012PTC078681

Company & Directors' Information:- K-HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200TN2009PTC070655

Company & Directors' Information:- L R HOUSING PRIVATE LIMITED [Active] CIN = U70100TG2013PTC089981

Company & Directors' Information:- K N S HOUSING PRIVATE LIMITED [Active] CIN = U45400DL2007PTC167504

Company & Directors' Information:- R C HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032258

Company & Directors' Information:- W B HOUSING COMPANY PRIVATE LIMITED [Strike Off] CIN = U70109DL2013PTC250413

Company & Directors' Information:- B G HOUSING PRIVATE LIMITED [Active] CIN = U70101DL2004PTC124095

Company & Directors' Information:- A K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2007PTC056210

Company & Directors' Information:- M K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2008PTC059752

Company & Directors' Information:- G M R HOUSING PRIVATE LIMITED [Under Process of Striking Off] CIN = U70102TG2002PTC038792

Company & Directors' Information:- THE HOUSING CORPORATION LIMITED [Dissolved] CIN = U99999MH1946PLC010719

Company & Directors' Information:- JYOTI LIMITED [Not available for efiling] CIN = U99999MH1949PLC007439

    Revision Petition No. 2539 Of 2012

    Decided On, 10 February 2020

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. JUSTICE V.K. JAIN
    By, PRESIDING MEMBER

    For the Petitioners: R.K. Sharma, Advocate. For the Respondent: In person.



Judgment Text


Oral:

Late Smt. Vasundhara Harit, mother of the complainant got herself registered in the category of ‘Economically Weaker Sections’, under General Registration Scheme, 1982 of Rajasthan Housing Board, depositing a registration fee of Rs.500/- for the purpose. A letter was sent to her on 11.8.1987, inviting option out of three Schemes, namely, Mansarovar, Malviya Nagar and Van Vihar Scheme. The mother of the complainant opted for Mansarovar Scheme and deposited the required amount of Rs.900/- for this purpose. Thereafter, a letter dated 3.1.1994 was allegedly issued to her asking her to deposit the advance payment as per the installments given in the said letter. According to the complainant, the aforesaid letter dated 3.1.1994 was never received by his mother and, therefore, she got no opportunity to deposit the installments. The mother of the complainant having died without any allotment to her, the complainant who is an Advocate by profession, approached the concerned District Forum by way of a consumer complaint, seeking allotment of a house in Mansarovar Scheme alongwith compensation etc.

2. The complaint was resisted by the petitioners primarily on the ground that the deceased had failed to pay installments in terms of the letter dated 3.1.1994 and subsequent letter dated 18.9.1999 issued in her name, the petitioners being unaware of her death. It was also pointed out that in the written version that the intimation of the death of the deceased was never given to the petitioners and that she had nominated her daughter, namely, Vasumati Harit as her nominee.

3. The District Forum directed the petitioners to allot a house at the rates prevalent on 18.9.1999 to the complainant and also directed the petitioners to pay a sum of Rs.1,00,000/- as compensation to him.

4. Being aggrieved from the order passed by the District Forum, the petitioners approached the concerned State Commission by way of an appeal. The said appeal having been dismissed, the petitioners are before this Commission.

5. Though the petitioners claim to have demanded seed money in installments from late Smt. Vasundhara Harit on 3.1.1994, no proof of the service or even dispatch of the said letter to her was produced before the District Forum. In my opinion since the complainant had claimed that no allotment had been made to his mother, it was necessary for the petitioners not only to file a copy of the letter dated 3.1.1994 but also to prove due service of the said letter on the mother of the complainant. No such proof having been filed by them, the Fora below were justified in holding that the said letter dated 3.1.1994 had never been served upon her.

6. As noted earlier, the letter dated 3.1.1994 was followed by a letter dated 18.9.1999. The receipt of the said letter during pendency of the consumer complaint before the District Forum has not been disputed by the complainant but his submission is that the said letter offered allotment in Sanganer and not in Jaipur for which his mother had opted in terms of the option given to her by the petitioners vide letter dated 11.8.1987.

7. The position as on today is that the mother of the complainant was registered for allotment of a house/flat in Sanganer though she opted for allotment of a house in Mansarovar. The said option, according to the petitioners was available only in respect of some ready built houses in three Schemes, namely, Van Vihar Scheme, Malviya Nagar Scheme and Mansarovar Scheme. The said houses according to the petitioners are not presently available with them and they can provide only a residential flat to the complainant at the places where such a flat may be available with them.

8. Considering all the facts and circumstances including the failure of the petitioners to prove the service of the reservation letter dated 3.1.1994 and the failure of the complainant to make deposit in terms of the subsequent letter dated 18.9.1999, the revision petition is disposed of with the following directions:-

1. The petitioners shall verify the Relinquishment Deeds purporting to be executed by Vasumati Arora and Dr. Sudhanshu Harit sister and brother respectively of the complainant and if on verification the said Relinquishment Deeds are found to be genuine and it is also verified that late Smt. Vasundhara Harit was survived only by three Legal Heirs, namely, the complainant- Shri. V.V. Harit, son - Dr. Sudhanshu Harit and daughter - Vasumati, the registration shall be transferred in the name of the complainant.

2. The petitioners shall issue allotment letter at the current price, in respect of an independent house if available with it under EWS, in the city of Sanganer. If an independent house is not available in EWS Category, a residential flat

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in the said Categoryshall be allotted to the complainant at the current price. 3. The petitioners shall permit the complainant to make payment in instalments as per its rules. The payment in terms of the Allotment-cum-Demand Letter to be issued by the petitioners in terms of this order, shall be made within four weeks of receipt of the said allotment letter. 4. The possession of the allotted house/flat shall be delivered to the complainant within four weeks of he complying with the Allotment-cum-Demand Letter.
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