MEERUT DEVELOPMENT AUTHORITY Vs. OM PRAKASH GUPTA

JUDGEMENT

(1.) Sh. Om Prakash Gupta and his son, Sh. Sunil Gupta, the complainants had applied for allotment of plot admeasuring 600 sq.mts., under the Industrial Estate Scheme and deposited a sum of Rs.5,000/-, on 31.08.1987, with the Vice-Chairman, Meerut Development Authority, OP. Thereafter, on enquiry, the complainants were assured that the plot would be allotted in their favour. However, the complainants did not hear from the OP, till 24.11.2005. The complainants sent a notice on 24.11.2005 to the OP and enquired about the said plot. The OP sent a response vide its letter dated 20.12.2005, wherein it was replied that the said plot was not allotted in favour of any person. The said Scheme was abandoned and the complainants were asked to surrender the original receipt in the sum of Rs.5,000/-, deposited by them in the Office of the OP, so that the amount could be refunded to them, as per rules. The complainants filed a complaint with the District Forum. The District Forum partly allowed the complaint. It was ordered, as under :-

(2.) It is interesting to note that the complainants did not file any Appeal against the said order. It, therefore, clearly means that the complainants had accepted the order passed by the District Forum. It had attained finality, qua the complainants. However, First Appeal was filed by the OP, before the State Commission. The State Commission passed another order in favour of the complainants, when no appeal was filed by them. The Bench presided over by Sh. Sayyed Ali Azhar Rizvi, passed the following order :-

(3.) The State Commission was not armed with such power, which the State Commission, went out of way and passed more favourable order in favour of the complainants when the complainants had not even preferred any appeal.