KANPUR DEVELOPMENT AUTHORITY Vs. ALKA RANI SINGH

JUDGEMENT

(1.) The Appeal No.2918/sc/2001 has been filed under Sec.15 of the Consumer Protection Act, 1986 (hereinafter called the 'act') against the judgment and order dated 5.11.1998 passed by District Consumer Forum, Kanpur Nagar in Complaint Case No.600 of 1996, by Kanpur Development Authority, whereas Revision No.127/sc/2002 has been filed by the complainant Smt. Alka Rani Singh against the order of the District Forum dated 14.8.2001 passed by the District Forum, Kanpur Nagar in Execution Case No.2/1999.

(2.) Initially a complaint under Sec.12 of the Act was preferred by the complainant with the allegations that he moved an application dated 23.1.1993 along with a Bank Draft for Rs.25,000/- for allotment of a plot in Shyam Nagar Sujatganj Scheme, Kanpur. On the basis of the application the complainant was allowed to participate in the auction proceedings and in the auction he was allotted plot No.85d with an area of 112.50 sq mts. in Sujatganj Scheme, the highest bid of the complainant being at the rate of Rs.5,151/- per sq. mt. She being successful, she was informed vide letter dated 18.3.1993 that in view of terms and conditions of the auction, she has to deposit Rs.25,000/- within a period of one month and the remaining amount is to be paid in three monthly instalments. Even 10% lease was also charged and consequently in all a sum of Rs.57,937.50 was deposited. Since then complainant requested opposite party No.2 vide letters dated 13.6.1993 and 20.7.1993 that the registration of the plot be got done and possession be handed over, but no heed was paid. Consequently vide application dated 5.2.1996 another request was made and when contact was made it was refused by the appellant/opposite party and then registration and delivery was also refused on 3.6.1996.

(3.) The plea taken in the written statement by the opposite party was that the money so stated was deposited for allotment of plot and she has completed all formalities as stated above but due to some unavoidable circumstances the said plot has been transferred to Koyla Nagar and the complainant was well communicated of this, but the complainant was not satisfied and she insisted that allotment of plot in Sujatganj be made which was not possible due to unavailability of plots.