NCDRC directs Rajasthan Housing Board to allot cancelled flat to buyer

Santosh Kumar Hakim applied to the Rajasthan Housing Board for allotment of a house under its 1979 General Registration Scheme, depositing Rs3,000 on 30 January 1980. The Board claimed that on 9 January 1997, he was asked, through a letter, to deposit certain sum in instalments, adding his registration was cancelled in 2000 for his failure to deposit the amount asked for. However, the Board admitted that the letters had been received back from Hakim as he had changed his address. Hakim alleged that he again applied under another scheme in 2007 floated by the Board and that application was duly entertained and in response to that, an allotment letter was also issued on 13 February 2008. But on June 18, 2008, the Board sent a letter saying the allocation letter of February 2008 was cancelled as his earlier application had been cancelled. Hakim complained to the Rajasthan State Consumer Commission and subsequently to the National Consumer Disputes Redressal Commission (NCDRC).
 
Government agencies have no right to accept money from the public unless they are ready with a housing scheme for which allotment can be made within a reasonable time, the apex consumer commission said. The NCDRC observation came in the context of the Rajasthan Housing Board cancelling the allocation of property twice to the buyer under its schemes floated in 1979 and 2007.
 
"It is a clear indication that the Board has not been able to maintain their own record properly, nor they have been able to look after the interest of the gullible public, which deposit their hard-earned money with this Board in the hope of getting a residential property and keep on waiting for the same for decades together," the bench headed by presiding member B C Gupta said. The National Commission upheld the decision of the Rajasthan state commission that the Board should allot a flat to Hakim on the terms and conditions at the cost prevailing in 2008.

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