REVENUE OFFICER, BIHAR STATE HOUSING BOARD vs S.N.PRASAD

BOTH the petitioners were opposite parties in a complaint filed by the respondent before the District Forum, Rangareddy in the State of Andhra Pradesh.

COMPLAINT was that the complainant-respondent sent Rs. 15,000/- to the Executive Engineer, Bihar State Housing Board, Ranchi Division, petitioner No. 2 for allotment of a house to the complainant in HIG category at Ranchi in the erstwhile State of Bihar. This amount of Rs. 15,000/- was forwarded by the second petitioner to the first petitioner, Revenue Officer, Bihar State Housing Board. When the complainant learnt that his seniority for allotment of the house has been cancelled he sought refund of his money with interest. Both the petitioners were located in Bihar while the complainant at the relevant time was resident of Hyderabad from where he had sent the money for allotment of house to him in Ranchi. District Forum allowed the complaint and directed the Bihar State Housing Board to refund Rs. 15,000/- to the complainant with interest @ 12% from 21.3.1985 till the date of payment. Rs. 5,000/- was also awarded as costs. Aggrieved, petitioners-opposite parties went in appeal to the Andhra Pradesh State Consumer Disputes Redressal Commission. An objection was raised by the petitioners that the District Forum, Rangareddy in Andhra Pradesh had no jurisdiction of the matter as the allotment of the house was to be made in the State of Bihar. State Commission was however, of the view that since money was sent from Andhra Pradesh a part of cause of action would arise here and accordingly it was of the view that the District Forum concerned had jurisdiction in the matter. Appeal was, therefore, dismissed. State Commission also noticed that when the appeal was admitted for hearing it had directed the petitioners to deposit Rs. 15,000/- with the District Forum and it was not clear if that amount had been deposited or not. There could not be any dispute that amount of Rs. 15,000/- was in fact sent by the respondent-complainant for allotment of a house to him and when his seniority for allotment was cancelled, he sought refund of the money. We are of the view that even when the complainant wrote letter not once but many to the petitioners for refund of the money, it should have been refunded to him. This apathy on the part of the State instrumentality is not understandable. Petitioner could spent money on litigation but would not return money which is due to the complainant. We do not think it is a case where at all we should go into the issue if the District Forum in the State of Andhra Pradesh had jurisdiction or not. We would, therefore, dismiss this petition. Respondent did not appear before us in person but he sent his brief note of submissions in these proceedings. We will award Rs. 2,000/- as costs to the respondent of these proceedings.

We hope and expect that the petitioners to comply with the order of the District Forum and return the money to the complainant, if so far not done as ordered by the District Forum and upheld by the State Commission. Petition dismissed.