ORDER Rajasthan Housing Board and another (petitioners herein) were opposite parties before the District Forum. Complainant/respondent applied for a house on 1st October, 1981 by depositing Rs.3,000/- with the petitioners. Respondent subsequently deposited three demand drafts of Rs.6,000/-, Rs.6,000/- and Rs.4,000/- on 13th December, 1989, 20th December, 1990 and 9th May, 1991 respectively. Allotment letter of house No.2A6, Rangbari Scheme, Kota was issued on 11th December, 1996, which was not received by the respondent due to change of his address. Petitioners cancelled the allotment on 12th August, 1997. Respondent applied for restoring the house alongwith a fee of Rs.1,500/-. Restoration application -2- was accepted. Allotment was restored on 7th September, 1998. Instalments due for one year alongwith interest and penalty to the sum of Rs.78,674/- was also got deposited. Thereafter another sum of Rs.38,811/- was deposited by the respondent. Possession was not handed over to the respondent. On November 24, 2003 after cancelling the plot, another house No.4K10, Rangbari was allotted and complainant was asked to deposit Rs.1,50,699/- in 156 instalments. Alleging the said act of the petitioner in changing the allotment of house from 2A6 to 4K10 and demanding an additional sum of Rs.1,50,669/- to be arbitrary and unfair, respondent filed a complaint seeking refund of the amounts paid by the respondent with interest and compensation of Rs.50,000/-. Before the District Forum, petitioners offered to allot an alternate house to the respondent, which was not accepted by the respondent. Since the offer made by the petitioners was not accepted by the respondent, District Forum allowed the complaint and directed the petitioners to return the sum of Rs.1,19,735/- to the respondent with interest @ 12% till the date of payment alongwtih litigation cost of Rs.500/-. Against the order of the District Forum, cross-appeals were filed before the State Commission. Before the State Commission, petitioners repeated offer to allot an alternate house to the respondent. Respondent accepted the offer. -3- State Commission dismissed the appeal filed by the petitioners and allowed the appeal filed by the respondent. State Commission directed the petitioners to allot an alternate house to the respondent within 30 days without changing the price and without levying any penalty. Rs.50,000/- were awarded by way of compensation and Rs.500/- as cost. Operative portion of the direction issued by the State Commission reads as under: - “So, both these appeals are disposed of in this manner and this is the order for the opposite parties that after allotting the house No.4K10, Rangbadi Kota, the fresh house allotted to the complainant, the possession of the same be handed over to the complainant within 30 days from today and without making any change in the price and without levying any penalty be executed his registration too as per the rules. The opposite parties shall pay Rs.50,000/- (in words, Fifty Thousand Rupees) also to the complainant as the compensation for changing the earlier allotted house to the complainant. The expenses incurred on the litigation is kept as it is as Rs.500/-. The time period of 60 days is given for the complete compliance. The amount of money which has been deposited with the District Forum by the appellant that amount alongwith the earned profits shall be adjusted in the amount going to be given to the complainant. The order of the District Forum is modified accordingly and both the appeals are disposed of according to the above.” Petitioners being aggrieved have filed the present revision petition. House No.2A6 initially allotted to the respondent has already been auctioned which has been purchased by respondent No.2. Since the house -4- initially allotted to the respondent has already been sold, petitioner offered house No.4K10 in the same locality to the respondent at the market price. State Commission directed the petitioners to allot the alternate house to the respondent at the price at which initially allotted to the respondent. Notice regarding admission was issued to the respondent. On being served, counsel for the respondent has put in appearance. Respondent has shown his willingness to accept the alternate house No.4K10, Rangbadi Scheme offered by the petitioners at the old price. In view of the acceptance of offer made by the petitioners, we dispose of the revision petition modifying the order of the State Commission in the following terms: - 1. Petitioners are directed to issue a letter of allotment of house No. 4K10, Rangbari Scheme to the respondent within 30 days from today on the price prevalent for a similar house in Rangbari Scheme in the year 1996. The allotment shall be made in terms of the original letter of allotment in the year 1996. 2. Since the respondent has been deprived of the house for the last 30 years, the order passed by the State Commission to pay the compensation of Rs.50,000/- to the respondent is maintained. Petitioners shall intimate to the respondent as to any outstanding amount due against the said house in terms of the original letter of allotment without any penalty and interest after adjusting the sum of Rs.50,000/- awarded by way of compensation to the respondent. -5- 3. If any amount after adjusting the amount of Rs.50,000/- still remains to be paid, then the respondent shall pay the demanded amount to the petitioners in lump-sum within eight weeks of the receipt of the letter. If the amount due towards respondent is less than Rs.50,000/- then the petitioners shall pay the balance amount (after adjusting the outstanding amount from Rs.50,000/) to the respondent within six weeks. 4. No order as to costs.” | 
