Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | U.P. Awas Evam Vikas Parishad-Registration and Allotment of Plot and Houses Rules 1979 rr.15 consumer complaint 30 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | U.P. Awas Evam Vikas Parishad-Registration and Allotment of Plot and Houses Rules, 1979 – rr.15,30 – Appellant-U.P. Housing and Development Board floated a housing scheme – In 1982, respondent deposited an amount necessary for registration – In 1993, respondent filed a consumer complaint against the appellant – District Forum gave liberty to the respondent to seek allotment at the current market value under any of the schemes of appellant – Aggrieved, Respondent filed appeal before the State consumer Disputes Redressal Commission (SCDRC) which was dismissed – National Consumer Disputes Redressal Commission (NCDRC) directed appellant to make an allotment to the respondent for a total sum of Rs.2,50,000/- in any of the flats available in the Mandola Vihar Yojna, Ghaziabad – On appeal, held: Clause 5 of the Registration booklet indicated that mere registration does not confer a right for allotment – Further, r.30 of the Rules, 1979 indicated that after the Board advertises the availability of a scheme in the newspaper, every registered applicant is at liberty to submit a consent letter for participation in the draw of lots – Applicant must show readiness and willingness to participate in a draw of lots in retrospect of a specified scheme – In view of the clear position in the brochure and the Rules of 1979, the respondent had no vested right to seek an allotment – As a registered applicant, the respondent was at liberty to seek to participate in the draw of lots by indicating his consent to the appellant – NCDRC committed error in issuing direction to the appellant to make an allotment to the respondent – Thus, the order of NCDRC set aside.In 1982, the appellant-Board floated a scheme for Economically weaker sections. The respondent deposited an amount of Rs.500 for registration. In terms of the Rules, 1979 registered applicants were required to furnish their written consent for being included in the draw of lots. None was provided by the respondent. The respondent filed a consumer complaint in 1993. The District Forum directed respondent to secure allotment at the current value fixed by the appellant. Aggrieved, the respondent filed an appeal which was dismissed by SCDRC. The NCDRC issued a direction to the appellant to make an allotment to the respondent for a sum of Rs.2,50,000/- . Hence the present Special Leave Petition. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2019 INSC 614 |
Petitioner | Up Housing And Development Board |
Respondent | Ramesh Chandra Agarwal |
SCR | [2019] 7 S.C.R. 730 |
Judgement Date | 2019-05-01 |
Case Number | 4529 |
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