URBAN IMPROVEMENT TRUST Vs. BABU LAL

JUDGEMENT

(1.) In this revision petition, there is challenge to order dated 1.12.2010, passed by State Consumer Disputes Redressal Forum, Jaipur, Rajasthan (short "State Commission).

(2.) Brief facts are that the respondent no.1/complainant had applied for a housing plot having size of 34 X 50 with the petitioner in Jodbeed Housing Scheme, floated by the petitioner. Accordingly, respondent no.1 deposited a sum of Rs.21,000/- with the application as security amount on 27.5.2008. Petitioner provided a printed allotment conditions with the application form wherein, availability of all the basic faculties was mentioned. Respondent no.1 was allotted plot no.B-II/989, size 34 X 60 for which allotment letter dated 12.7.2008 was issued. In the said allotment letter, petitioner added a new condition contrary to the conditions published with the application about forfeiting the security amount. According to respondent no.1, petitioner has stated that after deposit of the amount within the period of 30 days from the allotment letter, raising of construction in three years is mandatory. But when respondent no.1 inspected the plots located around the allotted plot, he found that commencing construction work on the allotted plot was not at all probable, because no basic facilities were available there. Due to his reason vide letter dated 7.8.2008, respondent no.1 sought information from the petitioner as to by which time the facilities would be made available. In case, they are unable to make available facilities, then request was made to the petitioner to refund the security amount. But petitioner did not send any reply to it. Respondent no.1 also sent notice through his counsel, but he did not get any reply nor the amount was refunded. On 11.5.2009, respondent no.1 sought information about the same under the Right to Information Act, but no reply was received and was told by the office of the petitioner that he may do whatever he likes to. Therefore, respondent no.1 has prayed that his security amount of Rs.21,000/- be refunded along with interest and also damages and expenses as mentioned in the complaint be awarded.

(3.) Notice of complaint was issued to the petitioner by the District Consumer Disputes Redressal Forum, Bikaner (short, "District Forum"). Even after effecting service of notice, no reply was filed on behalf of the petitioner. Neither petitioner appeared before the District Forum at any stage of the case.