AVAS AVAM VIKAS PARISHAD AND ANR Vs. JAGWATI

JUDGEMENT

(1.) THIS appeal is directed against the consent -judgment dated 28.06.2005 passed by the District Consumer Forum, Bullandshahr, in complaint case no.121/2003 filed by Smt. Jagwati.

(2.) THE complainant's case was that she got her application for allotment of plot measuring 500 sq. meters registered and deposited a sum of Rs.2,000/ - through Challan no.55430. The complainant kept on waiting for about two decades but did not receive any communication from the Avas Avam Vikas Parishad (hereinafter to be referred as "the Parishad"). When she contacted the local authorities of the Parishad in Bullandshahr office, she was assured of allotment of a plot but the assurance never got materialized. Under these compelling circumstances she filed her complaint case no.121/2003 seeking relief for allotment of a plot and she also claimed damages.

(3.) THE Estate Officer of the Parishad filed his written statement and admitted the complainant's plea of her application being registered on 12.4.1980 with a deposit of Rs.2,000/ - but no assurance for the allotment was ever issued to her. It was also pleaded that the registration of her application was not in respect of plot of 500 sq. meters. She was informed vide letter dated 10.05.2002 that if she was interested in getting a plot allotted she might have deposited Rs.28,000/ - and given her consent for allotment of a plot in accordance with rules but the said letter was received back unserved. The complainant's notice dated 20.5.2002 was also answered vide reply notice dated 10.7.2002, although it was not specifically pleaded whether it was served or not.