JAMMU DEVELOPMENT AUTHORITY Vs. AWTAR SINGH AND ORS.

JUDGEMENT

(1.) The present Civil Ist Miscellaneous Appeal is preferred against an order dated 28.4.2009 passed by the Jammu and Kashmir State Consumer Disputes Redressal Commission, Jammu (hereinafter called as the 'Commission') whereby while allowing the complaint filed by the complainant -respondent herein, the Commission has held the denial of allotment of a plot of land to the complainant to be willful and malafide and on that account, awarded an amount of (a) Rs. 30,00,000/ - (Rupees Thirty Lac) as reimbursement of the actual price of the plot, (b) Rs. 5,00,000/ - (Rupees Five Lac) for physical, emotional and mental torture and (c) Rs. 15,000/ - (Rupees Fifteen Thousand) has been awarded as cost of litigation. On failure of the appellant to pay the awarded amount within a period of one month, interest has been held to be payable @ 8% per annum till payment. However, with a view to understand the controversy in its correct perspective, the material facts may be noticed as under: - -

(2.) In response to a notification issued by the Jammu Development Authority (hereinafter called as 'JDA') in the year 1978, an amount of Rs. 4,000/ -, representing earnest money, was deposited by the complainant -respondent herein for the allotment of a residential plot in the proposed Roop Nagar, Housing Colony, Janipur, Phase -II.

(3.) It was stated that the complainant had, in fact, applied for a plot of measuring one kanal against which the respondents issued allotment offer in favour of the complainant for a plot of size 40" x 80" without conveying him about the reasons of reduction in the size of the plot.