The Commission bench, however, set aside the appeal on grounds that the applicant had not been allotted HUDA's plot at the time of applying for the flat to be allotted by Chandigarh Housing Board.

The applicant R.C. Dhawan stated that he had been living at Chandigarh for the past about 20 years and he had retired from the service of Haryana government as joint director, Employment.

He added that ever since he had been living in a rented accommodation and did not possess any residential plot or house in Chandigarh, Mohali or Panchkula. Also, his eligibility at the time of application has not been disputed by the CHB.

After considering the provision on the basis of which the CHB questioned the applicant's eligibility, the Commission bench comprising president J.B. Garg and members Sada Nand and P. Ojha observed that as per the said provision, the one who has been allotted a dwelling unit or plot at confessional rates in Chandigarh, Mohali or Panchkula was ineligible.

The provision, however, does not debar the applicant from acquiring another plot after applying The bench observed that since the 14 marla HUDA plot was allotted to the consumer after he had applied for CHB's plot, he continued to be eligible. Observing that the Housing Board was misinterpreting its own provision, the Commission bench directed it to allot the flat in question to the consumer.