MOHAN SINGH Vs. GHAZIABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This case arises out of the Complaint lodged by the Complainant before District Forum, Ghaziabad for compensation for not giving possession over a plot. The admitted facts of the case are that the Complainant applied for allotment of a plot. It is also not in dispute that a sum of Rs.53,694/- was paid by the Complainant to the opposite party representing the price of a plot. After deposit was made the G. D. A. allotted a plot to the opposite party but later on it was noticed that another person was already in possession of the plot. The G. D. A. offered another plot to the Complainant in Govindpuram Housing Scheme in place of plot No. III K-97, Nehru Nagar Colony. The Complainant was informed about the said change. It is also not in dispute that the complainant refused to accept a plot in Govindpuram Housing Scheme and again prayed for allotment of plot in Vaishali, Raj Nagar Housing Scheme. The case of G. D. A. is that it has plots only in Govindpuram Housing Scheme. The G. D. A. is ready and willing to allot a plot in the said scheme whenever the complainant desires.

(2.) The pleadings of the parties indicate that opposite party allotted a plot but since an unauthorised person had taken possession over the house, the opposite party offered a plot in Govindpuram Housing Scheme.

(3.) On the basis of facts set out above, the question arises for our consideration is whether the Complainant is entitled to claim from opposite party delivery of possession over plot Nehru Housing Scheme.