S MOHINDER SINGH Vs. AMRITSAR IMPROVEMENT TRUST

JUDGEMENT

(1.) It is an appeal against the order dated 27.9.1999 passed by the District Consumer Disputes Redressal Forum, Amritsar (hereinafter called the District Forum ).

(2.) Brief facts, taken from the record are that the appellant-complainant (hereinafter called the complainant), had retired as Senior Section Supervisor from Central Telegraph Office, Amritsar in March, 1996. Respondent-opposite party (hereinafter called the O. P.), advertised in all the leading Newspapers for allotment of plots in 340 Acre Development Scheme on Amritsar-Jalandhar G. T. Road, Amritsar as per the terms and conditions of the allotment and reservation of quota for various categories of persons.15% plots were reserved for allotment to the pensioners and those serving employees whose superannuation would fall within next three years from the date of closing of registration. The complainant had applied for allotment of a residential plot measuring 150 sq. yards in the said scheme in reserve category of pensioners vide application dated 31.12.1997 by depositing registration fee of Rs.15,000/- with the O. P. The draw was announced on 4.12.1998. The complainant was allotted plot No. A-63 of the area of 150 sq. yards against registration No. R-3 in the reserve category being pensioner of Central Government. O. P. had not issued allotment letter and call letter to the complainant for deposit of instalments inspite of repeated requests. Feeling aggrieved, the complainant had filed the complaint, seeking the following reliefs : (i) direction to the O. P. to issue allotment letter of plot No. A-63 in 340 Acre Development Scheme as per draw announced on 4.12.1998; (ii) to issue call letter to the complainant for the deposit of instalments as per scheme; (iii) compensation of Rs.5,000/-; (iv) costs of complaint of Rs.3,000/- including Rs.2,500/- as Counsel's fee and Rs.500/- as miscall-aneous expenses; (v) any other relief.

(3.) The O. P. had appeared and filed written reply, wherein, maintainability of complaint was disputed. It was admitted in the reply that the complainant was a retired employee of the Telecommunication Department. Complainant was successful in draw of lots and a plot bearing No. A-63 measuring 150 sq. yards in the 340 Acre Development Scheme of the Trust was drawn in his favour in the capacity of his being pensioner of the Central Government. It was then stated in the reply that case of the complainant had been sent to the Department of Local Bodies, Punjab Government vide letter No.15988 dated 22.3.1999 in order to seek clarification regarding applicability of the clause of pensioners in regard to the employees retired from the Central Government. It was then averred in the reply that the Local Bodies, Punjab Government had not given any reply to the clarification sought by the Trust regarding applicability of the clause of pensioners in regard to the employees retired from Central Government and employees from the Punjab Government. Ultimately, a prayer was made that the complaint be dismissed with costs.