DEVRAJ Vs. SARVAJAN KALYAN SAMITI

JUDGEMENT

(1.) The complainant as well as the opposite party, a Housing Co-operative Society aggrieved of the order dated 20.10.1997 passed in Case No.296/96 by the District Consumer Disputes Redressal Forum, Indore (for short the 'district Forum') have filed their separate appeals.

(2.) Facts giving rise to the case are thus : the Sarvajan Kalyan Samiti (for short "samiti") invited applications for sale of plot near Phooti Kothi in the name and style of Dwarkapuri Colony after its full development. The complainant on the assurance and advertisement deposited the full price of the plot of size and area 1,000 sq. ft. Rs.10,560/- on different dates, but, the plot was not allotted to the complainant. Therefore, the complaint was filed. After notice, the opposite party did not file written statement and, the case, proceeded ex parte. The District Forum after appreciation of evidence on record found deficiency in service and ordered the opposite party to allot any one plot of the area of 1,500 sq. ft. in the said locality. In default to pay interest at the rate of 18% per annum from 6.8.1996 on the amount of Rs.10,560/- and also to pay compensation of Rs.50,000/- for escalation in the cost of the plot and construction, Rs.500/- was awarded as costs of the proceedings.

(3.) The complainant submits that the cost of the plot now is more than Rs.4 lacs, therefore, besides interest on the amount of Rs.10,560/- at the rate of 18% per annum from the date of last deposit, that is 18.3.1988 the compensation of atleast Rs.3 lacs as claimed ought to have been awarded.