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2002 Supreme(Pat) 305
PATNA HIGH COURT
R.S.Garg, J.
Gayatri Singh
Versus
Secretary Bihar Housing Board
Civil Writ Jurisdiction Case No. 15568 of 2001 ;
Decided On : MARCH 6, 2002
The importance of resorting to the designated dispute resolution mechanism, such as the Price Committee, before seeking further recourse to the appropriate forum.
Headnote:
Price Committee - Dispute Resolution - The court directed the petitioner to make a representation before the Price Committee for resolving the dispute regarding the recovery of a sum of money, and allowed the petitioner to ventilate his grievance before the appropriate forum if aggrieved by the Price Committee's decision.
Fact of the Case:
The petitioner argued that they were not liable to pay a sum of money, contrary to the respondent's communication proposing recovery of Rs. 64,991 after the deposit of the amount under final call.
Finding of the Court:
The court directed the petitioner to make a representation before the Price Committee and allowed the petitioner to ventilate his grievance before the appropriate forum if aggrieved by the Price Committee's decision.
Issues: Dispute over recovery of a sum of money and the petitioner's liability to pay.
Ratio Decidendi: The court emphasized the need for the petitioner to approach the Price Committee for dispute resolution and allowed further recourse to the appropriate forum if aggrieved.
Final Decision: The petition was disposed of with the direction to the petitioner to make a representation before the Price Committee within a month, and to ventilate his grievance before the appropriate forum if still aggrieved by the Price Committee's decision.
1. Heard learned counsel for the petitioner.
2. Learned counsel for the petitioner submits that after the deposit of the amount under final call the petitioner is not liable to pay even a single farthing, but the respondent contrary to their earlier communication are proposing to recover a sum of Rs. 64, 991, though the petitioner is not liable to pay anything.
3. Learned counsel for the Housing Board submits that a Price Committee has been constituted for resolving the dispute relating to the price between the allottee and the Housing Board, therefore, the petitioner can make a representation to the said Price Committee. He has also placed reliance on a single Bench judgment of this Court in the matter of Mahabir Prasad Mandiwal vs. The Bihar State Housing Board & ors. in C.W.J.C. No. 3268 of 1999, decided on 5.5.1999.
4. As the respondent Board has already constituted/organised a Price Committee for resolving such dispute, the petitioner must approach the said committee. The petition is disposed of with the direction to the petitioner to make a representation before the said Price Committee within a period of one month from today. After receiving the said representation the Price Committee shall require the appropriate authority to recalculate the amount, which have already been deposited by the petitioner and the reasons for raising demand of Rs. 64, 991/-. It is expected of the Price Committee that it shall dispose of the matter within a period of three months from the date of submission of the representation. If the petitioner is yet aggrieved by the order passed by the Price Committee, he shall be free to ventilate his grievance before the appropriate forum.
5. The petition is thus disposed of.
