NCDRC

NCDRC

RP/1861/2009

RAJASTHAN HOUSING BOARD, ALWAR - Complainant(s)

Versus

SURESH KUMAR YADAV - Opp.Party(s)

MR. ABHSHEK GUPTA & PURUSHTTAM S.T.

12 Nov 2009

ORDER

Date of Filing: 22 May 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/1861/2009
(Against the Order dated 18/03/2009 in Appeal No. 885/2008 of the State Commission Rajasthan)
1. RAJASTHAN HOUSING BOARD, ALWARThrough R/o. EngineerRajasthan Housing Board. Sector. -6, Dharuheda Rewadi Haryana ...........Appellant(s)

Vs.
1. SURESH KUMAR YADAVR/o. House No. 298-B. Housing Board Sector, No.6, Dharuheda Rewadi Haryana ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :MR. ABHSHEK GUPTA & PURUSHTTAM S.T.
For the Respondent :NEMO

Dated : 12 Nov 2009
ORDER

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          Petitioner was the opposite party before the District Forum.

 

          Respondent/complainant was allotted a house in Open Sale Scheme of the petitioner.  Even after making the payment and completing all formalities, the petitioner cancelled the allotment.  Aggrieved by this, the complaint was filed.

          District Forum allowed the complaint and directed the petitioner to hand-over possession of H. No.7/6, HIG (Category-B), Sector-7, Bhiwari within 30 days.  Petitioner was also directed to pay Rs.2,000/- as litigation expenses and, in case, the possession was not handed over within 30 days, then the petitioner would be liable to pay Rs.300/- per day to the complainant.

 

          Being aggrieved, petitioner filed an appeal before the State Commission.  State Commission affirmed the order of the District Forum.

 

          Limited Notice was issued to the respondent with regard to the direction to pay the sum of Rs.300/- per day to the complainant as the physical possession was not handed-over to the respondent.  Notice was issued subject to handing over of the physical possession of the house to the respondent within 4 weeks from the date of passing of the order.  Possession has been handed-over to the respondent. 

 

Counsel for the respondent states that he does not press his entitlement to get Rs.300/- per day awarded by the District Forum.  In view of this, the direction issued by the District Forum, which has been upheld by the State Commission to pay Rs.300/- per day to the respondent as the petitioner had not handed-over the possession, is set aside.  Rest of the order is maintained.  The dispute between the parties has come to an end.

 

Revision Petition is disposed of in above terms.



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER