R. K. AGRAWAL, S. M. KANTIKAR
Rajasthan Housing Board – Appellant
Versus
Ajay Phatak – Respondent
ORDER
The present Revision Petition, under Section 21(b) of the Consumer Protection Act, 1986 (hereinafter referred to as “the Act”), filed by Rajasthan Housing Board (hereinafter referred to as “the Housing Board”) and its Deputy Housing Commissioner, the Opposite Parties in the Complaint under the Act, is directed against the Order dated 28.10.2014, passed by the Rajasthan State Consumer Disputes Redressal Commission at Jaipur (for short “the State Commission”) in Appeal No. 1381 of 2009. By the impugned Order, while affirming the Order dated 21.08.2009, passed by the District Consumer Disputes Redressal Forum, Jaipur (for short “the District Forum”) in Complaint Case No. 135/2008 (173/2006 Second), the State Commission has dismissed the Appeal, preferred by the Housing Board.
2. Vide Order dated 21.08.2009, the District Forum had allowed the Complaint, preferred by the Respondent/Complainant, and directed the Housing Board to allot to the Complainant an HIG house under its Mansarovar Yojana, according to the size and cost prescribed under the Self-Financing Scheme, 2005 (First Part), within three months. The District Forum had also directed the Housing Board to pay to the Compla
(1) Powers – Powers of the National Commission are very limited.(2) Revisional jurisdiction – Only in a case where it is found that the State Commission has exercised its jurisdiction not vested in i....
A subsequent allottee can claim an alternative plot if the original plot is embroiled in legal issues, validating consumer rights under the Consumer Protection Act.
Limited Jurisdiction – Commission’s revisional Jurisdiction is limited. Since there were concurrent findings of fact regarding the deficiency of service by both lower courts, and no jurisdictional er....
(1) Revision Petition can be re-instated if it has been withdrawn in exchange of an offer of settlement.(2) Mere possession on paper does not translate into actual possession.(3) A court-mandated all....
“Change in layout plan of a housing scheme without intimation to allottees amounts to deficiency in service.”
The court established that under the Consumer Protection Act, petitioners are entitled to an alternative plot when the originally allotted plot is unfit for habitation and the HUDA policies support s....
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