VidhiSangh

Supreme Court of India · 11/12/2021

COMMISSIONER, RAJASTHAN HOUSING BOARD AND OTHERS versus HIRALAL CHANDA

[2021] 12 S.C.R. 586 · 2021 INSC 869

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Summary

The Court set aside consumer orders requiring restoration of a housing registration and allotment at historical rates. The applicant had failed to pay seed money even after acknowledging a later demand and seeking time. His challenge to the admitted cancellation was long barred, and a later policy concerning cancellations caused by the Board’s administrative error did not revive his own-default case. The Court recorded the Board’s offer of an alternative allotment at current rates or refund under its policy.

Issues

  1. Whether the later restoration policy revived a time-barred challenge to cancellation for the applicant’s payment default.
  2. Whether the applicant could demand allotment at a historical rate.

Provisions considered

Held

Result

Appeals allowed and National Commission’s judgment set aside, subject to the recorded offer of an alternative allotment at prevailing rates or refund of registration money under the Board’s policy.

Judgment PDF: Supreme Court of India, [2021] 12 S.C.R. 586.