Rajasthan

StateCommission

A/1527/2016

Nand Kishore Mourya s/o Mool Chand Mourya - Complainant(s)

Versus

Rajasthan Housing Board - Opp.Party(s)

Pramod Kumar

19 Dec 2017

ORDER

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

 

FIRST APPEAL NO: 1521/2016

 

Prem Singh Saini s/o Geegaram Saini r/o House No.10/165 Housing Board Colony, Shyosinghpura RHB Sikar at present r/o House No. 15/05 Duplex colony, Shivsinghpura Housing board Colony, Navalgarh, Sikar.

Vs.

Rajasthan Housing Board Division Jhunjhunu through Housing Engineer & ors.

 

FIRST APPEAL NO: 1522/2016

 

Anju Sethi w/o Rakesh Kumar Sethi r/o Puri Bhawan, Near Nageshwar Bagichi Ward No.8 Sikar at present r/o House No. 15/7 Duplex colony, Shivsinghpura Housing board Colony, Navalgarh Road, Sikar.

Vs.

Rajasthan Housing Board Division Jhunjhunu through Housing Engineer & ors.

 

 

2

 

FIRST APPEAL NO: 1523/2016

 

Jitendra Kumar Jangid s/o Asha Ram Jangid r/o Ward no. 8 Doliyon ka Bass, Bajaj Road,, Sikar at present r/o House No. 15/01 Duplex colony, Shivsinghpura Housing board Colony, Navalgarh road, Sikar.

Vs.

Rajasthan Housing Board Division Jhunjhunu through Housing Engineer & ors.

 

 

FIRST APPEAL NO: 1524/2016

 

Rakesh Kumar Meel r/o through Unique Sr.Secondary School, Janta Colony, Sikar at present r/o House No. 15/ 8 Duplex colony, Shivsinghpura Housing board Colony, Navalgarh road, Sikar.

Vs.

Rajasthan Housing Board Division Jhunjhunu through Housing Engineer & ors.

 

 

3

 

FIRST APPEAL NO: 1526/2016

 

Richhpal Singh Rathore r/o village post Khotri Tehsil Ratangarh Distt. Churu at present r/o House No. 15/02 Duplex colony, Shivsinghpura Housing board Colony, Navalgarh road, Sikar.

Vs.

Rajasthan Housing Board Division Jhunjhunu through Housing Engineer & ors.

 

FIRST APPEAL NO: 1527/2016

 

Nand Kishore Mourya r/o Fatehpur Road, Ward no. 43, Ambedkar Nagar, Sikar at present r/o House No. 15/06 Duplex colony, Shivsinghpura Housing board Colony, Navalgarh road, Sikar.

Vs.

Rajasthan Housing Board Division Jhunjhunu through Housing Engineer & ors.

 

Date of Order 19.12.2017

 

4

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

 

Mr.Pramod Kumar counsel for the appellants complainants

Mr. Shiv Vyas counsel for the respondents Housing Board

 

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

 

All these appeals raise common question hence, are decided by this common order.

 

The contention of the appellant is that possession of the property has not been handed over within 18 months as per the scheme hence, the claim should have been allowed.

 

Per contra the contention of the respondent is that property was reserved on 12.8.2011 and allotted on 3.2.2012 which is complete compliance of scheme and no deficiency is committed by the respondents.

 

 

5

 

Heard the counsel for the parties and perused the impugned judgment as well as original record of the case.

 

The fact is not in dispute that property was reserved on 12.8.2011 and allotment was made on 3.2.2012.

 

The respondent has submitted the result of property allotment lottery which shows that the particular property was allotted to the appellants on 3.2.2012 hence, the Forum below has rightly held that the respondent has not committed any deficiency.

 

The appellant has relied upon IV (2010) CPJ 7 (SC) DDA Vs. Krishanlal Nandrayog, I (2017) CPJ 558 (NC) Ackruti Jay Developers Vs. Shashi Govind Gadakh where possession of the property was delivered with delay which is not the case here.

 

As per the condition no. 10 of the scheme the allotment was made within 18 months hence, the claim has rightly been dismissed.

 

6

 

In view of the above , there is no merit in these appeals and stand dismissed.

(Nisha Gupta) President

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