KANPUR DEVELOPMENT AUTHORITY Vs. AJAY VERMA

JUDGEMENT

(1.) Present revision has been filed by the petitioner challenging order dated 9.2.2010, passed by State Consumer Disputes Redressal Commission, Lucknow (for short as 'State Commission). Along with it, an application for condonation of delay has also been filed but no period of delay has been mentioned in it. The dispute between the parties pertains to allotment of Plot No. 1/401/40, Block E, Sujat Ganj. This plot was initially allotted to one Sh. Laxmi Narain and Smt. Sudha Devi but somehow they could not deposit the entire price of the plot. Since, they were unable to deposit the balance amount, they filed an application like the transfer of adjoining plot No. 1/40-A, the aforesaid plot be allotted to Ajay Verma (respondent herein). The said proposal was put up for consideration before the authorities and petitioner accorded sanction for the said transfer. Since, letter of allotment was not issued in time, respondent filed a complaint in the District Forum praying for allotment of the said plot in his name and also sought directions to the petitioner to complete other formalities.

(2.) Petitioner in its written statement, took the plea that respondent was never allotted plot No. 1/40, Sujat Ganj, hence is not entitled to get possession of the said plot. It is further stated that if respondent without any scheme being published has deposited any amount in the petitioner's account, then he may produce the receipt in original. As per rules, he can take back that amount, but shall not be entitled for any interest on the said amount. It is also stated that there is no such procedure with the petitioner that plot in the name of one person or the amount deposited by one person, be transferred in the name of other person.

(3.) District Forum, vide order dated 30.7.2002, allowed the complaint and passed the following directions: