
CHANDIGARH, JUNE 14: In an interesting case here, National Consumer Disputes Redressal Commission, New Delhi, dismissed the appeal of Chandigarh Housing Board CHB against the order of UT Consumer Disputes Redressal Commission, whereby CHB had been directed to give possession of a flat to the complainant.
The allotment of this flat had been cancelled by the CHB on the plea that the complainant8217;s husband already possessed a shop-cum-flat and hence had residential accommodation in part.
The National Commission bench, comprising president Justice Suhas C. Sen andmembers R. Thamarajakshi, Justice C. L. Chowdhry and Justice J. K. Mehra, held that the order passed by the State Commission needed no interference.
The earlier judgment against which the CHB went in appeal first in the State Commission and then in the National Commission, had been passed by president, Consumer Disputes Redressal Forum, T. S. Cheema. The order stated that the complainant Narinder Makol be given the possession of the plot in question along with interest at the rate of 18 per cent per annum.Apart from that a compensation of Rs 10,000 had also been granted along Rs 1,500 as the cost of litigation.
The State Commission had also dismissed the plea of CHB against the order of the Forum. In the complaint against CHB, the complainant stated that her husband was allotted a commercial site as a result of a draw and that instalments for the same were deposited in time.
Later, she herself applied for a flat and succeeded in the draw. She alleged that the CHB cancelled her allotment on plea that her husband already had a shop-cum-flat in his name.
The State Commission bench comprising president Justice J. B. Garg and former members Sada Nand and P. Ojha observed that allotment in favour of the complainant8217;s husband was a consequence of draw and the mere fact that part of it was also commercial could not debar the complainant to be entitled to the residential flat in question.