BAIJ NATH Vs. LUCKNOW DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) MR. Justice Ashok Bhan, President-This appeal arises out of the Order dated 29.9.2005 passed by the Uttar Pradesh State Consumer Disputes Redressal Commission, Lucknow (hereinafter referred to as 'the State Commission' for short) whereby the State Commission dismissed the complaint of the appellant/complainant by the impugned Order.

(2.) BRIEFLY stated, the facts leading to the filing of the First Appeal are as under:

(3.) AS per allegations made in the complaint, appellant/ complainant applied for allotment of plot measuring 25 x 50 metre in Transport Nagar Yojana, Lucknow in prescribed Form No. 0013 and deposited a sum of Rs. 50,000 through Demand Order No. 034060/1208/92 dated 12.8.1992 drawn at Punjab and Sind Bank, Lucknow on 2.12.1992. It is stated that appellant was allotted plot No. I, Block-C, Phase-II, Transport Nagar, Lucknow on 16.4.1993 by the respondent-Authority. That appellant deposited Rs. 5,87,088 for the aforesaid plot in U.C.O. Bank, Hazratganj Extension Branch, Lucknow Development Authority. That appellant received letter No. 337/JSS dated 24.7.1995 from Joint Secretary of the respondent asking the appellant to deposit the instalment with interest to enable the respondent to give physical possession of the property which was replied by the appellant vide letter dated 7.8.1995 stating therein that the appellant had deposited all the instalments and he was ready to take possession of the property allotted to him by the respondent. That thereafter, appellant had written several letters and also tried to contact the concerned authorities of the respondent for getting the physical possession of the plot allotted to him and requested the respondent that if the said plot is not available in Phase-II, then, he may be allotted any other alternate plot in Phase-I but the respondent never responded to the request made. That on 30.6.2000 appellant submitted an application to one Shri Virendra Kumar Singh, Deputy Secretary of the respondent to refund his money back with interest. That after running from pillar to post, appellant received a refund voucher of Rs. 5,76,088 against the amount of Rs. 5,87,088 deposited by the appellant, after deducting Rs. 10,000. Being aggrieved by the same, appellant sent legal notices dated 27.10.2001 and 6.11.2001 on the respondent claiming Rs. 6,60,300 as interest from 1992 to 2001 @ 18% p.a. and Rs. 10,000 with interest which the respondent deducted at the time of refund. Rs. 1,00,000 were claimed for physical labour, mental agony and expenditure incurred by the appellant for getting the money back. That the respondent neither replied to the legal notices nor paid the amount claimed. Thus, appellant filed a complaint before the State Commission.