Rajasthan

StateCommission

A/914/2018

Shri Prabhat Sharma - Complainant(s)

Versus

Rajastha Housing Board - Opp.Party(s)

D.M. Mathur

17 Dec 2018

ORDER

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

 

FIRST APPEAL NO: 914 /2018

 

Prabhat Kumar Sharma,Advocate r/o Nimda Gate, Bharatpur.

Vs.

Rajasthan Housing Board, Janpath, Jyoti Nagar, Jaipur & ors.

 

 

Date of Order 17.12.2018

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Mrs. Meena Mehta -Member

 

Mr. D.M.Mathur counsel for the appellant

 

 

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

 

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This appeal is filed against the order of the learned District Forum, Jaipur 3^rd dated 8.10.2018 whereby the claim is dismissed.

 

Heard the counsel for the appellant and perused the impugned judgment as well as documents submitted by the appellant.

 

It is not in dispute that for allotment of the house earlier Complaint No. 52/95 was submitted and on 28.4.1997 the State Commission has ordered in favour of the appellant. Thereafter the appellant has paid one installment of Rs.35,000/-. The proceedings u/s 27 of the C.P.Act were initiated and it was ordered that within three months the complainant appellant will deposit Rs. 2,67,383/- with the respondents but admittedly the appellant has deposit only one installment.

 

The contention of the appellant that house which was allotted to the appellant complainant was not of higher income group. Be that may be the case this contention could be raised only in the previous proceedings and the Forum below has rightly pointed out that during the pendency of the appeal

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before the State Commission the house was allotted to the complainant. Hence, he could have taken the objection at that time. In any case the second complaint for the same cause of action is not maintainable and if the order has not been complied the only proceedings u/s 27 of the C.P.Act should have been initiated if law so permits.

 

In view of the above the Forum below has rightly dismissed the complaint. There is no merit in this appeal not worth admission and stands dismissed.

 

(Meena Mehta) (Nisha Gupta)

Member President

 

 

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