RAJASTHAN STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, JAIPUR
Honble Mr. Justice N.C. Sharma,
President & Mrs. Firoza Bano, Member
PRABHAT KUMAR SHARMA—Complainant
versus
RAJASTHAN HOUSING BOARD—Opp. Party
Complaint Case No. 52 of 1995—Decided on 28.4.1997
Held: When the complainant had been registered and assigned priority of HIG category house and that also on hire-cum-purchase basis, the Housing Board was bound to reserve and to allot to the complainant an HIG A category house on hire-cum-purchase basis. It was entirely wrong on the part of the Opposite Party to have issued reservation letter on 6-5-1995 to the complainant imposing the condition that he will have to pay the entire cost of the house after taking financial loan from financial institutions. At every stage the officials of the Housing Board have been negligent whether it may be the matter pertaining to conversion of category or to the issue of the reservation letter or as to the maintenance of the file of the Rajasthan Housing Board properly and in misplacing the file for 5 years. It is only the complainant who suffers from all these gross fault, negligence and carelessness of the officials of the Rajasthan Housing Board. It is a fit case that the complainant should be awarded a compensation of Rs. 2 lacs for all the gross negligence of the Housing Board or its officials. (Para 8)
The Housing Board will be at liberty to recover this amount of Rs. 2 lacs from any officer or employee of the Rajasthan Housing Board who was responsible in not taking decision for changing the category of the complain ant for six years, for not issuing the reservation letter even after the decision was arrived at for another period of six years and for misplacing the file relating to the complainant for 5 years and for issuing an incorrect reservation letter on 6-5-1995. (Para 91
Result: Complaint allowed.
IMPORTANT POINT
The complainant who suffers on account of gross fault negligence and carelessness of the officials of a Housing Board is required to be compensated.
Mr. Justice N.C. Sharma, President—This complaint has been filed by Prabhat Kumar Sharma against the Rajasthan Housing Board claiming a total compensation of Rs. 10,05,500/ .
2. Facts of the case are that Prabhat Kumar Sharma, who is resident of Bharatpur, had made an application No. 1275 on 29.8.73 for registering him for allotment of a house in economically weaker section group after making deposit of Rs. 500/ as registration charges on the said date. Alongwith the application the complainant had filed certificate dated 29.9.73 issued by the Secretary, Rajasthan Small Industries Corporation Jaipur certifying that the annual emoluments drawn by Prabhat Kumar Sharma, L.D.C of the Corporation were Rs.3396/ .The Housing Board registered the complainant for allotment of a house in economically weaker section group. Thereafter on 6.5.81 the complainant made an application to the Secretary, Rajasthan Housing Board stating that he wanted to change the category of the house to MIG A category for which deposit of Rs. 3000/ as registration charges was compulsory. The complainant showed his readiness to deposit the balance amount of Rs. 2500/ as registration charges. Alongwith this application, the complainant filed an affidavit that he was then practising as an Advocate and his annual income during the year 1980 81 was Rs. 5400/ . Apart from that his wife was doing private teaching work (tuition) and her annual income during the year 1980 81 was Rs.3,000/ . This affidavit was to the effect that combined annual income of the complainant and his wife during the year 1980 81 was Rs. 8400/ . Upon receipt of this application the Housing Board wrote a letter to the complainant on 27.6.81 requiring the complainant to submit necessary certificate about the income of his wife during the year 1972 73. The complainant sent an affidavit of his wife to the effect that she was not having any income during the year 1972 73 and that she had income of Rs. 3000/ per year during the year 1980 81 by teaching work. The complainant deposited an amount of Rs. 2500/ on 29.8.91 as balance amount of registration and allotment of houses approved by the Rajasthan Housing Board in November December, 1981, the complainant made an application dated 14.6.82 for further converting his registration for MIG B category house and for that the complainant deposited a further registration amount of Rs. 1600/ on 14.6.82. Alongwith this application the complainant had filed an affidavit that during the year 1981 82 his annual income from all the sources was Rs. 11,500/ .It appears that on the earlier application of the complainant for changing the category to MIG A, the Housing Board had issued an intimation dated 18.5.82 to the complainant regarding registering him for MIG A category house. As already stated on 14/ 15.6.82 the complainant had further applied for changing the category from MIG A to MIG B. The matter did not end there.
3. On 24.6.82 the complainant further de posited an amount of Rs. 5400/ as registration charges and on 27.1.83, he applied to the Secretary, Rajasthan Housing Board for further changing his category to Higher Income Group. He also sent a reminder on 18.7.83 for the purpose. That was the reason that although the Rajasthan Housing Board had prepared a reservation letter in favour of the complainant for MIG B category house, but this letter was not issued to the complainant because the complainant had already applied for changing his category from MIG B to HIG on 27.1.83. It appears that in the month of January, 83 the Rajasthan Housing Board pub lished a list of eligibility of registered applicants and in that list the name of the complainant was shown in the MIG B category applicants. Nothing happened thereafter for about six years. It was on 29.4.89 that the complainant submitted an application to the Chairman of the Rajasthan Housing Board wherein the complainant mentioned that in the eligibility list published by the Board, his name was sho
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