J&K HOUSING BOARD Vs. MANZOOR AHMAD

JUDGEMENT

(1.) This appeal is preferred by the appellant against the order passed by the State Consumer Disputes Redressal Commission, Srinagar, dated 5-5-2014, giving direction to the appellant to receive a sum of Rs. 96,000.00 from the respondent in addition to what he has already deposited with the appellant with further direction to handover the possession of a plot measuring 30 x 50 sq. ft. to the respondent at Ompora Budgam after getting an undertaking from him that he would not sell the plot.

(2.) The case of the respondent before the Consumer Commission was that by notification dated 20-7-1987 the appellant Board invited applications from permanent residents of Jammu and Kashmir State for allotment of plots at Fatehgarh, Kadipora Anantnag for various categories depending upon the income of the potential applicants. The respondent applied for a plot under B Category income group which was duly accepted by the appellant and a letter of intent/demand was issued for Rs. 5250.00, being 50% of the tentative cost of the plot. The said amount was deposited by the respondent through Bank Draft dated 8-12-1987 on 31-12-1987. The remaining 50% of the cost of the plot was to be deposited in 24 equal instalments from the date of issue of intent/demand. The respondent paid the remaining 50% of the cost also in 15 instalments and acknowledgment was also issued for all the said payments. In spite of payment of entire cost of the plot in the year 1989 the possession of the plot was not handed over to the respondent.

(3.) In the year 1999 the respondent was informed that the said plot of land has been occupied by the security forces from 1989. Thereafter the respondent requested the appellant to provide an alternate plot in some other similar housing colony on the same price as the entire price amount has been paid by the respondent. The amount paid by the respondent was not refunded. On 1-5-1999 a letter was issued to the respondent stating that appellant had considered the application of the respondent for an alternate plot at Ompora Budgam, however, the respondent had to pay the price at a higher rate of Rs. 35.00 per sq. feet instead of rate of Rs. 7.00 per sq. ft. which was the price fixed for the plot allotted earlier. The said fixation of price was objected by the respondent by sending several representations.