AGRA DEVELOPMENT AUTHORITY Vs. R.M. MALHOTRA

JUDGEMENT

(1.) The present appeal has been filed against the order dtd. 3/7/2013 passed by Uttar Pradesh State Consumer Dispute Redressal Commission, Lucknow (in short 'the State Commission') in Consumer Complaint No. 66 of 2012.

(2.) along with the appeal, Ia/5715/2013, an application for condonation of delay of 3 days has also been filed by the appellant. For the reasons stated in the application and in the interest of justice, Ia/5715/2013 is allowed and delay condoned.

(3.) The case of the Complainants/Respondents is that the Opposite Party invited application for allotment of land in the year 2001 with a condition that the land booking shall be of minimum one acre. The Complainants applied for purchase of 3 acres of land by depositing an amount of Rs.3.00 lakhs, vide demand draft No.321817 dtd. 15/2/2001 with Rs.1000.00 as registration charges. The Opposite Party, vide letter dtd. 6/7/2001, informed the Complainants that Plot No.EH-2 measuring 11842 sq. mtrs. and Plot No.EH-6 measuring 11448 sq. mtrs. were vacant and asked the Complainants to send their consent for allotment of the plot within 7 days. The Complainants, vide letter dtd. 27/7/2001, consented for allotment of Plot No.EH-2 measuring 11842 sq. mtrs. The Complainants enquired about allotment but no allotment was made by the Opposite Party. The Complainants sent letters dtd. 4/3/2002, 12/2/2003, 28/11/2003, 15/1/2004, 19/3/2005, 29/8/2006 and 20/11/2007 which were not responded by the Opposite Party. On 22/4/2008 the Complainants wrote a letter to the Housing Minister, Government of U.P., Lucknow. Housing Ministry of Government of U.P. replied that the information was being collected from agra Development authority and as soon as it is collected, the same will be intimated. MLa Sh. Uday Raj Yadav also raised this issue in U.P. assembly in response to which the Opposite Party replied that no land was vacant for allotment and that on 11/10/2006 the Development authority had already refunded the deposited amount to the Complainants, alongwith interest of Rs.3,76,328.00. On 11/8/2008, the Complainants sought information under RTI, from the Opposite Party regarding payment of Rs.3,76,328.00. The Complainants also sought information from Union Bank of India. The Opposite Party, vide letter dtd. 30/8/2008, supplied the details of the Cheque for Rs.3,76,328.00 dtd. 10/10/2006. Union Bank of India, vide certificate dtd. 23/11/2007, informed the Complainants that 'payment of the cheque has not been made from the branch till today'. On 4/2/2009, the Complainants again sent a letter to the Housing Minister U.P. regarding the false information furnished by the Opposite Party. The Complainants also sought information from the Opposite Party under RTI act, vide letter dtd. 9/5/2012, about the status of the aforesaid plots EH-2 and EH-6. The Complainants were informed that the Plot No. EH-2 which was to be allotted to the Complainants had been sold @ Rs.950.00 per sq. mtr. to Smt. Basanti Devi and Chakhan Lal Garg Education Trust on 13/1/2003 and the sale deed had also been executed on 19/9/2003. Plot No. EH-6 has been divided into two parts, one part measuring 8147 sq. mtr. had been allotted to M/s Veda Charitable Trust on 31/12/2010 @ Rs.5233.00 per sq. mtr., and the possession agreement had also been executed on 25/5/2011. alleging deficiency in service on the part of the Opposite Party, the Complainants filed Consumer Complaint No.66 of 2012 with the State Commission, Uttar Pradesh with the following prayer:-