KANPUR DEVELOPMENT AUTHORITY Vs. BRIJ MOHAN AZMANI

JUDGEMENT

(1.) Plot No. 229, situated in block-L under Scheme 1 Kakadev was allotted to Shri Hari Varma and Smt. Vijay Laxmi Verma and sale-deed in their favour was executed by the respondent Kanpur Development Authority on 22.02.1978. Subsequently, the aforesaid plot was sold to the complainant Brij Mohan Azmani on 02.08.1989. At that time construction had already been raised on the aforesaid plot. After purchase of the house on 2.08.1989, the complainant submitted an application to the petitioner authority for mutation in his name. The mutation was allowed by the authority but on payment of sum of ?1,37,713.48/- which comprised ?1,25,596.48/- towards profit/interest, ?9,967/- towards transfer amount, ?2000/- towards fine on more income and ? 150/- towards lease deed. The grievance of the complainant is that the recovery of profit / interest were in contravention of G.O. No.1292/KDA/2000-2001 dated 10.01.2001 issued by the petitioner authority. He, therefore, approached the District Forum seeking refund of the aforesaid amount alongwith compensation amounting to ?5,00,000/-.

(2.) The complaint was opposed by the petitioner authority inter-alia on the ground that the charges were taken as per rules. The complaint was also resisted on the ground that the complainant was not a 'consumer' and the complaint was barred by limitation.

(3.) The District Forum vide its order dated 18.08.2007 directed the petitioner authority to refund of ?1,25,596.48/-, which it had charged towards profit from the complainant alongwith interest @10% p.a. on that amount. Being aggrieved from the order of the District Forum, the authority approached the concerned State Commission by way of an appeal. The said appeal having been dismissed at the stage of admission itself, the Authority is before us by way of this revision petition.