MUNICIPAL BOARD, DHOLPUR Vs. NARESH GUPTA

JUDGEMENT

(1.) Municipal Corporation, Dholpur invited applications for allotment of plots under Prerana Nagar Residential Scheme. The complainant, Naresh Gupta, was allotted plot No.116 in Block 'D' of Residential Scheme on 14.04.1994. He got the above said plot through lottery about which the complainant was informed on 16.05.1995. The complainant paid a sum of Rs. 14,670/- on 24.05.2008. The OP executed perpetual lease which was got registered on 03.07.2008 in favour of the complainant.

(2.) On 10.07.2009, the complainant was abruptly informed that the said plot was not available under the Scheme and instead of that, he was allotted plot No.99 in Block 'D'. Registered deed was cancelled. The petitioner filed a complaint under Section 12 of the Consumer Protection Act, 1986, before the District Forum. The District Forum allowed the complaint and directed the OP not to cancel the above said plot No. 116 allotted in favour of the complainant. It was also directed not to cancel the perpetual deed executed in favour of the complainant. The complainant was also granted Rs.1,000/- as costs of litigation. Aggrieved by that order, the appeal was filed before the State Commission. The order passed by the State Commission is sketchy and cryptic and does not lead us anywhere.

(3.) First of all, the counsel for the petitioner argued with vehemence that the State Commission has not applied its mind, therefore, the case should be transferred back for a proper hearing before the State Commission.