ADHARSH RANI Vs. GHAZIABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This application has been filed under Sec.36 (A) and Sec.10 (a) (i) of the MRTP Act against the respondent wherein it is contended that the complainant, after depositing an amount of Rs.42,000/-, was allotted a plot admeasuring 350 sq. mtrs. in category 'a' vide letter No.05806/ 559/710/0563/031684/tha/cc/89 dated 5.11.1979. In the Allotment Letter the tentative cost of the plot was mentioned as Rs.4,20,000/- The complainant has stated in paragraph 10 of her complaint that she made a total payment of Rs.3,34,166/- whereas in reply to this contention, the respondent has submitted that the complainant has deposited a total sum of Rs.2,58,711 /-. Be that as it may, the present complaint cannot be entertained as the same is filed by the General Power of Attorney holder Mr. Kamal Kishore Aggarwal on behalf of Smt. Adharsh Rani and on a specific query raised, the learned Counsel for the applicant has not been able to answer as to whether the interest of the original allottee has been sold to the Power of Attorney holder who has filed this application. The respondent is required to refund the money which is deposited by the allottee Smt. Adharsh Rani according to the terms of allotment when an appropriate application is made in this respect. This complaint does not require any further consideration and is disposed of though it is left to the original allottee Smt. Adharsh Rani to take recourse to any other remedy in an appropriate Forum in accordance with law. The notice of enquiry is discharged. The complainant shall be at liberty to approach the respondent for refund of the amount. NOE discharged.