Order-10.
Date-15/09/2016.
This is an application u/s.12 of the C.P. Act, 1986.
The case of the complainant, in short, is that he along with his wife applied for allotment of a plot through lottery at Amulyakanan Housing Project phase II (HIG A-Type) at Srirampore, Hooghly, in respond to the advertisement dated 14-02-2015 of West Bengal Housing Board. The complainant applied for such HIG Type flat costing Rs.15,80,150/- on fulfilling the eligibility criteria. The application was put to the lottery and the name of the complainant came up as one of the winners of the lottery and flat no.11/10 at the aforesaid housing project was allotted provisionally to the complainant and his wife vide lottery held on 15-06-2015. However, OP vide Memo No.1323/AHC – 1HB dated 22-10-2015 cancelled the selection of HIG A Type Flat No.11/10 at the above project stating that the cancellation was made as per decision of the board meeting held on 01-06-2015, although the complainant fulfill the eligibility conditions of submitting application as depicted in the information brochure containing general terms and conditions and amendments thereof. It is alleged that in spite of being successful in the lottery the complainant and his wife were not given the allotment letter. Thereafter, the complainant made several communications to the OP through e-mails and speed post but to no good. It is stated that OP modified the GTC and enables a person who already has got an allotment of a dwelling unit under any of the categories to apply further for any dwelling unit under the aforementioned advertisement. It is alleged that the Board has acted arbitrarily in cancelling of the said flat in favour of the complainant. Hence, this case.
OPs have neither appeared in this case nor filed any written version or contested the case. The case has proceeded ex parte against the OPs.
Point for Decision
- Whether the OPs have been deficient in rendering services to the complainant?
- Whether the complainant is entitled to get the relief as prayed for?
Decision with Reasons
We have perused the materials and documents on record namely advertisement for sale of flats under different housing schemes published in the Times of India and OPs’ website, GTC Clause 4 modified, result of lottery declared over website, different letters by the complainant on different dates to the OP, e-mail correspondences by the complainant to the OP etc. etc. We find that the OPs cancelled the selection of HIG A-Type Flat No.11/10 at Amulyakanan Housing Project, Srirampore Hooghly, vide its Memo No.1323/AHC-1HB Dated 22-12-2015 due to the reason that the complainant and his wife possess another flat (MIG). The West Bengal Housing Board as we know is a body established by the Government of West Bengal through enactment of the West Bengal Housing Board Act, 1972 in the West Bengal Legislative Assembly with a view to provide dwelling Units to all Sections of the People in the State and also to outside people who want to settle in West Bengal at affordable prices in view of their income level. WBHB has been providing plots, plots with houses, flats and other housing facilities to meet the need of people belonging to Economically Weaker Section (EWS), Lower Income Group (LIG), Middle Income Group (MIG) and Higher Income Group (HIG) categories. We find that the complainant and his wife already possess a flat (MIG) at their disposal. Subsequently, they have also applied for another HIG Type flat and won the lottery. Winning the lottery ipso facto does not necessarily entitle any person to get the flat. It depends on the ultimate decision of WBHB. We find that WBHB as per the decision of the Board Meeting held on 01-06-2015 and in view of General Terms and Conditions laid down by the West Bengal Housing Board, selection of the subject flat in favour of the complainant has cancelled as the complainant and his wife possessed another MIG flat of West Bengal Housing Board. It is argued that WBHB Vide amendment of GTC dated 31-03-2015 modified Clause 4 stating that if the applicant or any member of this family has already got an allotment of dwelling unit of any project of WBHB under any of the categories he shall be eligible to apply for any dwelling unit but as we find as per Clause 7 of GTC Booklet the board has every right to modify, amend, rectify or change any of the terms and conditions. We find that although the name of the complainant came up in lottery as a winner he was not issued any allotment letter and the deposited money of the complainant along with his application of Rs.1,58,015/- was refunded to the complainant. As per Clause 7 of the GTC Booklet, OP in its board meeting dated 01-06-2015 took the decision of cancellation of the subject flat in favour of the complainant as he and his wife have possessed another MIG flat of West Bengal Housing Board. We do not find anything adverse regarding such decision of the OPs. The objective of WBHB is to provide housing facilities to the people who have no housing or residence to grope. The complainant and his wife already possess a flat and accordingly, WBHB was reluctant to afford another flat to them. It is not the case of the complainant that there is excess flat lying vacant in the above mentioned project. We do not find anything illegality and impropriety with the decision of the WBHB. We do not think that the OP has been deficient in rendering services to the complainant.
In result, the case merits no success.
Hence,
Ordered
That the instant complaint be and the same is dismissed ex parte but on merit.
We make no order as to cost.
