GHAZIABAD DEVELOPMENT AUTHORITY Vs. YOGESH KUMAR

JUDGEMENT

(1.) This revision petition has been filed by the Ghaziabad Development Authority (hereinafter referred to as the 'Petitioner') being aggrieved by the order of the State Consumer Disputes Redressal Commission, Uttar Pradesh (hereinafter referred to as the 'State Commission') in favour of Yogesh Kumar, Respondent herein, who was the original complainant before the District Forum. In his complaint before the District Forum, Respondent had contended that he had applied for a 90 sq. mtr. plot in Property Category Plot E Scheme, under Govindpuram Plot Scheme of the Petitioner/Authority for a consideration of Rs. 55,800. Respondent deposited Rs. 5,810 along with the application form to the Petitioner/Authority on 31.10.1999. Petitioner/Authority informed the Respondent that a plot had been reserved in the above category in Respondent's name and that Respondent has to pay the remaining amount in three quarterly instalments. Respondent accordingly paid the full amount after which he was allotted Plot No. G-223 and was also asked to pay Rs. 2,500 towards sewer and water connection charges which he also paid. However, even thereafter the possession of the plot was not given to the Respondent on the plea that there was an unauthorized encroachment on the plot in the form of a Poultry Farm. Feeling aggrieved by the actio of the Petitioner/Authority in not handing over the plot to him as assured. Respondent filed a complaint before the District Forum on grounds of deficiency in service and requested that Petitioner/Authority be directed to hand over the possession of the plot No. G-223 allotted to Respondent in the said Scheme and to refund the extra amount out of the total amount of Rs. 91,176 taken from the Respondent while the cost of the plot was Rs. 55,800 along with interest @ 24% per annum till disposal of the complaint, Rs. 1 lakh as compensation for mental agony and harassment and Rs. 50,000 as litigation cost.

(2.) The Petitioner/Authority on the other hand contended that there was no deficiency on its part as despite sending a possession letter to the Respondent, it was not possible to handover the possession of the plot because of the illegal Poultry Farm on the said plot and that as soon as it was removed, the possession of the plot would be handed over. It further stated that Respondent has also not paid dues amounting to Rs. 3,259 although, he had been given due notice to pay this amount.

(3.) The District Forum after hearing both parties and on the basis of evidence filed before it allowed the complaint and directed the Petitioner/Authority to hand over the possession of the plot to the Respondent within one month after removal of the illegal Poultry Farm failing which Respondent will be entitled to receive compensation of Rs. 500 per month from the Petitioner/Authority. Apart from this Petitioner/Authority was also directed to pay the Respondent, Rs. 35,496 taken as extra amount from the Respondent, along with 12% interest from the date of payment till realization, Rs. 2,000 for mental and physical harassment and Rs. 1100 as costs.