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HARYANA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, CHANDIGARH
Honble Mr. Justice M.R. Agnihotri, President &
Mrs. Sushil Paul, Member
PADMAVATI BAI—Appellant
versus
CHAIRMAN, HOUSING BOARD, HARYANA & ANR.—Respondents
First Appeal No. 194 of 1996—Decided on 22.9.1997

Advocates:
Counsel for the Parties:
For the Appellant:Mr. Adarsh Malik, Advocate.
For the Respondents:Mr. V.K. Vashishta, Advocate.

Eligibility for housing allotment is determined by specific criteria, including employment affiliation and residency requirements.

Headnote:

Eligibility - Housing Allotment - Interpretation of Rules and Regulations

Fact of the Case:

The complainant, wife of a State Bank of India employee, applied for a house allotment in Haryana, which was rejected by the Housing Board. She filed a complaint alleging deficiency in service, which was dismissed by the District Consumer Disputes Redressal Forum.

Finding of the Court:

The court found that the State Bank of India does not qualify as a Board or Corporation controlled by the Central Government, and the complainant did not meet the residency requirement for eligibility. The court dismissed the appeal, upholding the decision of the District Consumer Disputes Redressal Forum.

Issues: Eligibility for housing allotment based on employment affiliation and residency requirements.

Ratio Decidendi: The State Bank of India does not meet the criteria of being controlled by the Central Government, and the complainant did not fulfill the residency requirement, leading to the dismissal of the appeal.

Final Decision: The appeal was dismissed with no order as to costs.

ORDER

Mr. Justice M.R. Agnihotri, President— The complainant has come up in appeal against the order dated 9.2.1996 passed by the learned District Consumer Disputes Redressal Forum, Rohtak, whereby the complaint of Smt. Padmavati Bai has been dismissed against the Housing Board, Haryana, in which she had complained about the deficiency in service on the part of the Housing Board, Haryana.

2. According to the complainant, she is the wife of one Sh. Mahadeo, an employee of the State Bank of India, posted at village Dhanas Housing Colony, Union Territory, Chandigarh. She applied for the allotment of a MIG house at Rohtak to the Housing Board, Haryana on the basis of her husband being an employee of the Central Government/Board or Corporate Body working under the control or supervision of the Haryana Government. Her application was rejected by the Housing Board, Haryana as neither she nor her husband was eligible. Aggrieved against that, she approached the District Consumer Disputes Redressal Forum, Rohtak, but her complaint has been dismissed.

3. In the present first appeal filed by the complainant-appellant, the only argument advanced by the' learned Counsel for the appellant is, that the State Bank of India is a Board/Body Corporate controlled by the Central Government, hence, the complainant was eligible for applying to the Housing Board, Haryana for the allotment of a house at Rohtak.

4. We have gone through the brochure of the Housing Board, Haryana and have also heard the learned Counsel for the appellant as well as Shri V.K. Vashishta, learned Counsel for the respondent-Board. We do not find any legal infirmity in the order passed by the learned District Consumer Disputes Redressal Forum, Rohtak.

5. By no stretch of imagination, the State Bank of India, which has been incorporated under the State Bank of India Act as banking organisation and 50 per cent of its shares are owned by public, can be equated with the Central Government or a Board or a Corporation owned or controlled by the Central Government. In any case, the complainant is neither living in Haryana nor has her husband been posted in Haryana. Therefore, if the argument of the learned Counsel for the appellant is to be accepted, then an employee of the State Bank of India posted at Madras or Bangalore etc. shall also be eligible for applying for the allotment of a house in Haryana. Surely, this cannot be the intention of the rules and regulations of the Housing Board, Haryana. Consequently, we do not find any merit in this appeal and dismiss the same with no order as to costs.

Appeal dismissed.



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