J&K HOUSING BOARD Vs. NAVDEEP KUMAR

JUDGEMENT

(1.) The petitioner challenges the order dated 08.06.2007 passed by the State Consumer Disputes Redressal Commission, Jammu.

(2.) The respondent was allotted a plot of land bearing No. 120 in the Phase Ist at Udhampur Hosing Colony, developed by the J&K Housing Board, where subsequently he built a house and was residing. It appears that a strip of land measuring 1389.48 sft., which was adjoining the plot was encroached upon by the respondent. Subsequently, he approached the Housing Board for issuance of formal allotment order in his favour. The Board of Directors of the J&K Housing Board in its 22nd Board meeting agreed to regularize the additional land in favour of the respondent @ Rs. 50/- per sqft. An amount of Rs. 69,474/- was directed to paid within 30 days from the receipt of notice dated 27.05.1999, as is reflected from the communication of Deputy General Manager of the said Board, failing which the said communication specifically provided that the encroachment so made would be removed/vacated without any further notice.

(3.) The respondent/complainant deposited Rs. 25,000/- by way of a bank draft dated 05.07.1999 as an initial payment, which was received by the Housing Board and a receipt dated 06.07.1999 was executed for the same. However, instead of depositing the rest of the amount, the respondent by virtue of communication dated 05.07.1999 informed the Housing Board that it was not possible for him to deposit the rest of the amount in lump-sum and that he be permitted to deposit the balance amount of Rs. 44,474/- in two equal half yearly installments. Two bank drafts dated 17.04.2000 and 05.05.2000 for approximately an amount of Rs. 22,000/- and 22,474/- respectively were subsequently deposited in the office of the Managing Director of the Housing Board, which according to the stand of the petitioner were never encashed.