RAMKUNWAR MAHESHWARI Vs. OM GRIN NIRMAN SAHKARI MARYADIT

JUDGEMENT

(1.) THIS appeal is directed against order dated 8.12.2009 of District Consumer Disputes Redressal Forum, Raipur (hereinafter called as "District Forum" for short), in complaint case No.356/2006, whereby the complaint was partly allowed.

(2.) BRIEF facts of the case arc that the complainant became member of the OP housing society, on 25.4.1984 and thereafter she paid two installments of Rs.2,500 each on 29.4.1984 and 1.5.1984, towards allotment of plot, but the plot was not allotted in her favour. The complainant made repeated efforts and contacted the authorities for allotment of plot, but she was told that the layout was not approved and further that as soon as the plots are started to be allotted, she will be informed accordingly. The complainant waited for considerable period and by letter dated 9.6.2004, she requested the' Chairman of the housing society to allot the plot. In reply, she was informed that the work of allotment is in progress. Yet no plot was allotted in favour of the complaint. After serving legal notice dated 23.7.2006, the complainant preferred complaint before the District Forum. In the complainant the complainant had prayed for allotment of plot and for award of compensation of Rs. 10,000 towards unfair trade practice and Rs. 30,000 towards mental harassment suffered by her.

(3.) RESISTING the complaint the OP averred that price of the land was not fixed. Still Rs.10 per sq. ft. was to be deposited. As layout was not approved, plots could not be allotted. There were several other members of the society but due to aforesaid reason, the plot could not be allotted to any of them. It was also stated in the written version that the complainant failed to fulfill necessary requirements. It was averred that it was necessary to file affidavit to the effect that the complainant or her husband or children do not have any other house or plot in the State. Such affidavit was to be filed, while opting for membership but the complainant has not furnished the affidavit till date. It was admitted that the amount deposited by the complainant is still deposited with the OP and in case complainant is in a hurry, she may take back the amount with interest. It was prayed that the complaint be dismissed.