The Housing Board is competent to increase the price of houses beyond the ceiling in certain circumstances, including an increase in the cost of construction.

Mr. Justice S.K.M. Lodha, President — The complainant applied to the Rajasthan Housing Board, Jaipur (“the Board”) for a house. He obtained registration of a house in 1973 in EWS category and the category was changed in 1982 as MIG Group. His registration was at No. 25412, as informed by the Board. The complainant waited for his turn until 1985. A letter bearing No. H 5/3836/JPR/MS/73/1176 dated 13.3.1985 giving Code No. 150/MA/G.2/84-85 was received in which the Board intimated to the complainant that he has been allotted a constructed house bearing No. 13/106 in M.N.P.P. He was asked to deposit Rs. 5,600/- as seed money in two equal instalments of Rs. 2,800/- each. The complainant deposited Rs. 2,800/- in two equal instalments each on 10.4.1985 and 27.3.1986. The complainant was not given possession though he waited upto 1990. Whenever he approached the Board, he was informed that the construction has not been completed and that the cost assessment of the house is incomplete while assessment of the cost was completed in due time and other houses of the same block and same row were allotted to other allottees. A possession letter was issued to the complainant on 5.2.1990 and the complainant got the possession of the house. After getting the possession of the house he came to know that the cost of the construction and instalment amount are higher than that of the previous allottees. He wrote a letter on 1.10.1990. According to him there was difference and irregularities committed by the Board among the allottees of the houses of the same pattern. They were detailed in para 4 of the complaint. On the basis of the irregularities the complainant has stated that the Board has committed serious irregularities in rendering service “in giving area of the plot and in charging cost of the plot cost of construction as well as in mode of payment programme like monthly instalment and period of instalment and interest”. The grievances as put in the complaint are that “the Board is charging excess amount from the complainant as cost of plot cost of construction etc; of the same type house as the houses allotted to the other allottees, while the area of the plot is less than the area of the other houses, plots, construction was made at the same time in same block and row, construction was completed in same time and the materials were used of the same quality in same space and facilities are provided of same type”. The complainant has, therefore, claimed a sum of Rs. 1,27,000/- as detailed in para 5 of the complaint. A direction has been sought against the Board “to make equality in his service among the consumers and to reduce the cost of plot-cost of construction amount and period of instalment, chargeable interest and to issue a fresh account of the house No. 13/106”. In addition to this it was also submitted that the Board may be directed to pay costs of the complainant. The complainant submitted Annexures. 1 to 9 with the complaint.

2. The opposite party submitted a detailed version of the case controverting the allegations made in the complaint. It was stated that the complainant in 1973 after depositing a sum of Rs. 100/- got himself registered in EWS ‘A’ category. Thereafter a sum of Rs. 400/- was deposited on 17-1979 and got the category changed to ‘A’ category in 1982. He again got the category changed into LIC ‘A’. Thereafter letter dated 13.3.1985 reserving the house for him was issued to him about the seed money. The complainant did not submit challan showing deposit of the seed money. As he did not submit the copy of the challan showing that the seed money has been deposited, his name could not included in the lottery. He produced the receipt of the challan on 12.12.1988 and thereafter his name was included in the lottery and the house was allotted in February 1990. A letter was written on 12.12.1988 that he has not given any information about the deposit of seed money by producing the challan. It denied that any reply was g