M.P.Housing Board vs SUBHASHCHANDRA AKULI

THIS is an appeal against the order dated 3.7.1996 passed by the District Consumer Disputes Redressal Forum, Jabalpur in their Case No. 188/95 wherein the District Forum directed the opposite party, M.P. Housing Board to take necessary legal action for removal of encroachment and boundary wall etc. and to pay Rs. 300/- as costs to the complainant. None appeared for respondent. Arguments of the appellants'' Counsel heard and record of the case perused.

THE arguments of the appellant are that after registration of sale deed the ownership of the land and common service passages was to be regulated by the relevant law, regarding the ownership of apartment as the same was to be transferred by the Housing Board to a registered Society constituted by all the vendees of the building and, therefore, this is not the responsibility of the Housing Board to get the encroachment removed. The registered sale deed executed by the Housing Board with the complainant mentions in para 12 as under : "12. The vendor undertakes to transfer the rights on the common portions and common services passages, stairs, surrounding open/covered space on leasehold basis to a registered Society constituted of all the co-vendees of the building which shall absoluted the vendor of all the liabilities of service and sanitation of the same".

There is nothing on record to show that the Housing Board has transferred the rights as stated therein to registered Society. Naturally, till such a transfer is made to a Co-operative Society, the entire responsibility for maintenance of common portions, common service passages etc. remains with the Housing Board.

As such we do not find any reason to interfere with the finding of the District Forum and dismiss the appeal. No order as to costs. Appeal dismissed.