GOVIND PRAKASH ACHARYA Vs. NAGAR SUDHAR NYAS

JUDGEMENT

(1.) This revision petition is filed against the order of Rajasthan State Consumer Disputes Redressal Commission in Appeal No.60/2009. In the impugned order the State Commission has condoned delay of 69 days in filing the appeal and considered the matter on merits. The appeal was filed by the Nagar Sudhar Nyas, Ajmer (hereinafter referred to as NSN Ajmer), against the order of the District Forum, Ajmer. The District Forum had allowed the complaint of the Revision Petitioner, Dr. Govind Prakash Acharya and ordered the OP/NSN Ajmer to refund the amount of Rs.4388/- charged from the Complainant for regularization of the residential plot in his name.

(2.) We have perused the records of this case and heard counsels for the parties.

(3.) From the record of the case, we find that the plot in question, No.C-190, was allotted to the Complainant. In this behalf, a 99 year Lease Dead was signed on 15.02.1999 and the possession was handed over to him on 23.02.1999. It was a condition of the lease that the lessee will construct upon this land within the specified time limit. Later, the lease was converted into a free hold transfer on 23.04.2005. But, RP/Complainant was informed on 27.06.2006 that the allotment had been cancelled on the ground of non-construction within the permissible period. Thereafter, on 07.11.2006 RP/Complainant applied for regularization of the plot in his name. Respondent/OP raised a demand of Rs.4388/- on 12.12.2006 and the RP/Complainant deposited this amount on 13.12.2006. The grievance of the RP/Complainant is that the respondent/OP neither completed the development works nor regularized the plot.