URBAN IMPROVEMENT TRUST Vs. MAGHA RAM

JUDGEMENT

(1.) This revision petition under Sec. 19 of the Consumer Protection Act, 1986 (in short, the 'Act') assails the order dtd. 2/2/2017 in First Appeal no. 238 of 2013 of the State Consumer Disputes Redressal, Delhi (in short, the 'State Commission') which dismissed the appeal against order dtd. 30/7/2007 of the District Consumer Disputes Redressal Forum, New Delhi (in short, the 'District Forum') in Consumer Complaint no. 254/2005 that had allowed the complaint filed by the respondent.

(2.) I have heard the learned counsel for both the parties and perused the material on record carefully.

(3.) According to the petitioner the facts of the case are that it published an advertisement notifying sale by auction of residential plot no. C-78, Sardulganj scheme, Bikaner admeasuring 5974 sq. ft on 27/4/1970. Respondent's father made the highest bid of Rs.11,960.00 which was accepted by the petitioner. Respondent deposited 25% of the bid amount of Rs.2990.00 as part payment of the total sale consideration amount of Rs.11,960.00. On 9/12/1970 petitioner informed the respondent that a 'stay' order had been issued by the court qua the plot auctioned in his favour and that once this order was vacated, he would be informed by way of demand notice to deposit the balance consideration amount. On 9/3/1971 a demand notice was sent by the petitioner to the respondent to pay the balance amount along with the lease amount totaling to Rs.9004.30 within one month from the date of receipt and that failure to do so would amount to automatic cancellation of the auction including forfeiting the amount paid. As the respondent failed to deposit the balance amount, on 17/7/1971 petitioner cancelled the allotment and the respondent's father was informed of the cancellation when he visited the office of the petitioner. A letter dtd. 23/8/1971 was sent by respondent's father for return of the amount deposited which was Rs.2990.00. On 29/10/1982 respondent's father Ratan Lal expired. A Will was executed by respondent and an Agreement to Sell was executed between the respondent and other legal heirs of late Ratan Lal. However, the plot in question had been sold to one Satyendra Kumar through auction by petitioner on 26/5/1998. The respondent therefore, does not have any title qua the property in question.