Rajasthan

StateCommission

A/188/2016

Kishan Lal Sharma s/o Late Shri Babu Lal Sharma - Complainant(s)

Versus

Ashok Jain ex. Chairman Rajasthan Housingh Board - Opp.Party(s)

Vizzy Agarwal

21 Apr 2016

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

FIRST APPEAL NO: 188/2016

 

Kishanlal Sharma s/o Late Sh.Babulal Sharma r/o Krishnayatan Building,Near AIR, MI Road,Jaipur.

Vs.

Ashok Jain,Ex-Chairman,Rajasthan Housing Board,Janpath,Near Vidhan Sabha Jyoti Nagar, Jaipur & ors.

 

Date of Order 21.4.2016

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Mrs.Meena Mehta -Member

 

Mr.Vizzy Agarwal counsel for the appellant

Mr.P.S.Tomar counsel for the respondents

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal has been filed against the order of the

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learned DCF, Jaipur 2^nd dated 19.1.2016 by which contempt petitions were finally closed.

 

The contention of the appellant is that order of the District Forum dated 19.10.2012 has not been complied with as he has not been allotted a house on the same cost as was allotted to the person in priority just after him.

 

The contention of the respondent is that house has been allotted on the same rates on which the house has been allotted to the person in priority just after the appellant and the variance between the two allotments is due to the fact that earlier only skeleton of the flat was allotted whereas to the appellant fully constructed flat is allotted.

 

The Forum below has closed the proceedings with the averment that the respondent has submitted the documents. No finding has been recorded as regard to the contentions raised by both the parties and a sketchy and non-speaking order has been passed. Hence, in view of the above the order dated 19.1.2016 is liable to the set aside hence set aside and the Forum below is directed to pass an speaking order after considering the contentions of both the parties. Parties are directed to appear

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before the concerned Forum on 6.5.2016. Till then all the parties to the litigation will maintain status-quo as regard to the suit property and as regard to deposit of the impugned amount.

 

With this direction this appeal is disposed of in above terms.

 

(Meena Mehta) (Nisha Gupta )

Member President

 

 

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