LUCKNOW DEVELOPMENT AUTHORITY Vs. RAGHVENDRA PRASAD

JUDGEMENT

(1.) The Petitioner has filed the instant revision petition filed under sec. 21 of the Consumer Protection Act, 1986, against the Order dtd. 6/10/2016 passed by the State Consumer Disputes Redressal Commission, Uttar Pradesh, Lucknow in Appeal No. 198 of 2016, wherein the State Commission, partly allowed the Appeal filed by the Petitioner.

(2.) The issue involved that the Development Authority raised demand arbitrarily from the allottee.

(3.) Brief facts are that in the year 1979, the Petitioner, Lucknow Development Authority (for short 'LDA') allotted a Plot No. B-1, Sector-K, Aliganj Yojna to the Respondent and a lease deed was executed on 23/4/1981. The physical possession was also delivered. As per the terms and conditions mentioned in the Lease Deed, it was mandatory for the Complainant to commence construction of residential building on the plot within 5 years after getting the sanctioned building map from the LDA; failing which non-construction charges/levy as per rules to be paid by the allottee. As the Complainant for his job was staying in Bangalore, therefore he constructed only a compound wall of 6 feet height. Further, the Complainant started paying the lease rent up to1989. In the meanwhile, the LDA informed the Complainant that if he agrees to pay lump sum lease rent for 10 years, then in future he need not pay lease rent. In compliance thereof, on 11/8/1988 the Complainant paid Rs.2,970.00 and on 23/9/2002 he applied for conversion of leasehold to freehold property through UCO Bank by submitting an application along with all required documents, including Challan No. 17162 for Rs.10.94. It was alleged that the Petitioner- LDA negligently lost the freehold file of the Complainant; therefore the aforesaid plot could not be converted in freehold property. On 22/3/2011, the LDA issued a Demand Letter to the Complainant for deposit of Rs.8,73,410.00 before 30/6/2011 towards the charges for non-construction of residential building on the allotted plot.