UP HOUSING AND DEVELOPMENT BOARD versus RAMESH CHANDRA AGARWAL

UP HOUSING AND DEVELOPMENT BOARD versus RAMESH CHANDRA AGARWAL

Mere registration with the Housing Board does not create a vested right or contractual entitlement to allotment of a flat or plot; Rules and Registration Booklet require further steps (consent, participation in draw) which were not fulfilled; the NCDRC erred in directing allotment at a fixed rate in the absence of such entitlement.

Parties
Appellant: UP Housing and Development Board; Respondent: Ramesh Chandra Agarwal
Jurisdiction
India
Judgment Date
01 May 2019
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal Against NCDRC Order
Outcome
Appeal allowed; order of NCDRC set aside.
Legal Topics
Allotment of Plots/houses, Vested Rights, Contractual Entitlement, Consumer Forum Jurisdiction
Consumer Protection Contract Law Administrative Law Allotment of Plots/houses Vested Rights Contractual Entitlement Consumer Forum Jurisdiction

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Parties

UP Housing and Development Board

Appellant

Ramesh Chandra Agarwal

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal Against NCDRC Order

Legal Issues

  1. 1 Whether mere registration with the Board confers a right to allotment of a flat/house to a registrant.
  2. 2 Whether the NCDRC was justified in directing allotment at a fixed price contrary to advertised terms/rules.

Ratio Decidendi

Mere registration with the Housing Board does not create a vested right or contractual entitlement to allotment of a flat or plot; Rules and Registration Booklet require further steps (consent, participation in draw) which were not fulfilled; the NCDRC erred in directing allotment at a fixed rate in the absence of such entitlement.

Court Disposition

Appeal allowed; order of NCDRC set aside.

Orders

  • The order of the National Consumer Disputes Redressal Commission dated 11.12.2018 is set aside.
  • No order as to costs.