PUNJAB URBAN DEVELOPMENT AUTHORITY Vs. JASWINDER KAUR

JUDGEMENT

(1.) This is an appeal filed by Punjab Urban Development Authority (for short hereinafter referred to as PUDA) against judgment and order dated 23.2.2004 passed by District Consumer Disputes Redressal Forum-I, U. T. , Chandigarh (for short hereinafter referred to as the District Forum) in Complaint Case No.72/2003 - 'smt. Jaswinder Kaur Bhoriwal V/s. Punjab Urban Development Authority and Another'.

(2.) The respondent/complainant, who put in appearance before us through Mr. R. G. Singh Saini, Advocate, had filed the complaint case alleging, inter alia that he applied for allotment of 12 Marla plot in Urban Area of Sector 76-80 of SAS Nagar, Mohali under category of SC/st. The respondent/complainant deposited a sum of Rs.67,000/- vide application in the month of January, 2000. The serial number of the applicant was 9140. The complainant was successful in the draw of lot, which was held on 30.3.2001 and her name appeared at serial No.3 in the waiting list of successful applicants under the said category. Later on, two applicants for allotment of plot under the said category and whose names appeared above the name of the complainant in the waiting list withdrew from the said scheme and they also got refund of the earnest money. Resultantly, the respondent/complainant became the senior most in the waiting list. However, another applicant Shri Avtar Singh who had been placed at Serial No.26 in the list of successful applicants in the category of SC/st also opted to come out of the said scheme. The withdrawal of Shri Avtar Singh enabled the respondent/complainant to enter the list of successful applicants in SC/st category and she moved from serial No.1 of the waiting list to the list of successful applicants and thus became entitled for allotment of a 12 Marla residential plot in the said sector under the said scheme of SC/st.

(3.) It is alleged that the complainant visited the office of the appellant at Chandigarh as well as Mohali for getting allotment of a plot of 12 Marla but she was not offered any such plot. A legal notice was also served by the respondent/complainant on the appellants but still there was no response from them. The complainant filed the complaint alleging deficienty in service on the part of the appellants/o. Ps. and prayed for issuance of direction to the appellants to allot a 12 Marla plot in the Sector 76-80 of SAS Nagar, Mohali under SC/st category and also to pay compensation to the tune of Rs.50,000/-.