IMPORTANT POINT
Compensation is awarded to recompense for loss or injury which has to be based certainly on a finding of loss or injury and has to correlate with amount of loss or injury.

B.K. Taimni, Member —The petitioner was the complainant before the District Forum, where she had filed a complaint alleging deficiency in service on the part of the respondent, Rajasthan Housing Board (hereinafter referred to as Housing Board).

2. Very briefly stated the facts of the case are that the petitioner complainant got herself registered with the respondent housing board on 23.1.80 for allotment of an HIG category house under General Registration Scheme 1979 for which she deposited different amounts on different dates. By letter dated 30.4.93, house No. 33/37 of HIG category in Mansarovar Scheme at Jaipur was allotted to her by the Housing Board on outright sale basis. By this allotment letter she was required to deposit a sum of Rs.2,61,672 within three months from the issue of the letter. Since the house allotted to the petitioner complainant was partially constructed, surrounded by malba and built with substandard material, she declined to accept the allotment and claimed refund of deposited amount along with interest, compensation and cost. When this was not being done, a complaint was filed before the District Forum, who allowed the complaint and directed the Housing Board to refund the deposited amount of Rs. 80,000 to the complainant as also to pay Rs.2,20,000 as compensation along with cost of Rs.l000. Aggrieved by this order, an appeal was filed before the State Commission by the housing Board, which was allowed to the extent that the Housing Board was directed to pay interest @ 6% p.a. from the respective date of deposit till 31.1.94 along with interest @12% p.a. from 1.3.94 to 30.9.2001 failing which it was to carry interest @15%p.a. from 1.10.2001. The complainant was also awarded a cost of Rs.2,500. Aggrieved by this order of the State Commission, this revision petition has been filed before us.

3. We heard the learned counsel for both the parties at some length.

4. In order to resolve the issue we had directed the Housing Board to find out the availability of a vacant fiat or plot so that, that flat/plot could be allotted to the petitioner complainant. But they have filed a report from the Director (Legal) Rajasthan Housing Board that there is no flat/plot available for immediate allotment.

5. After going through the material and the judgments of both the lower Fora, we are unable to appreciate as to when the State Commission consistently found the Housing Board deficient in rendering service to the petitioner then where was the ground for deleting the compensation awarded by the District Forum? For purposes of facility we reproduce the two paras describing deficiency on the part of the respondent Housing Board in following terms:

“Given to the difficulties likely to be faced and overcome by the Appellant Housing Board in the matter of acquisition of land, developing the acquired land, raising funds for construction of the houses and allotment of the constructed houses to the registered applicants through lottery system or on outright sale basis a reasonable time is bound to be consumed Visualising such problems and difficulties coming in its way in executing the work contracts in order to perform its part of contract of service the appellant Board had promised to provide a house to the respondent within a period of 5 to 7 years after her registration. But extending this period to more than a decade should and would, in our opinion, amount to an act of deficiency in service on the part of the appellant.

By its reservation letter dated 11.8.92 the appellant had required the respondent to deposit the first instalment of seed money at Rs. 35,000 within a month, the second of equal amount within 7 months and the third and last of Rs. 25,000 within 13 months of the date of issue of the said letter. The respondent had paid the first instalment on 10.9.92 and the second on 26.3.93, i.e., well within the time allowed by the reservation letter. The third installment was payable by 10.9.93 but before the ar