RAJASTHAN HOUSING BOARD & ANR versus RATAN DEVI

RAJASTHAN HOUSING BOARD & ANR versus RATAN DEVI

The consumer complaint was filed after a hopeless delay and beyond prescribed limitation; respondent was not entitled to allotment of tenement and direction for handover was unsustainable; however, refund and compensation were granted in exercise of Article 142 jurisdiction.

Parties
Appellant: Rajasthan Housing Board & Anr; Respondent: Ratan Devi
Jurisdiction
India
Judgment Date
22 July 2019
Procedural Posture
Civil Appeal / Final Disposition
Outcome
Appeal allowed; decision of NCDRC set aside; respondent to be paid Rs 1 lakh above litigation expenses; appellant to refund Rs 25,000 deposited.
Legal Topics
Allotment of Tenement, Limitation Period, Refund of Deposit, Compensation
Consumer Protection Property Law Allotment of Tenement Limitation Period Refund of Deposit Compensation

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Parties

Rajasthan Housing Board & Anr

Appellant

Ratan Devi

Respondent

Procedural Posture

Civil Appeal / Final Disposition

Legal Issues

  1. 1 Whether complaint was filed within limitation period prescribed under Consumer Protection Act, 1986
  2. 2 Whether respondent was entitled to allotment of tenement despite failure to deposit balance amount
  3. 3 Whether refund and compensation are justified

Ratio Decidendi

The consumer complaint was filed after a hopeless delay and beyond prescribed limitation; respondent was not entitled to allotment of tenement and direction for handover was unsustainable; however, refund and compensation were granted in exercise of Article 142 jurisdiction.

Court Disposition

Appeal allowed; decision of NCDRC set aside; respondent to be paid Rs 1 lakh above litigation expenses; appellant to refund Rs 25,000 deposited.

Orders

  • Refund Rs 25,000 deposited by appellant.
  • Respondent to be paid Rs 1 lakh by appellant, over and above litigation expenses.