RAMESH SARAF Vs. URBAN IMPROVEMENT TRUST

JUDGEMENT

(1.) The present Revision Petition has been filed by the Petitioner under Sec. '""21(b) of the Consumer Protection Act, 1986 (the 'Act') against impugned order dtd. 12/4/2017, passed by the State Consumer Disputes Redressal Commission, Rajasthan ('State Commission') in Appeal No.56 of 2011 wherein the State Commission dismissed the Appeal and set aside the order passed by the District Consumer Disputes Redressal Forum, Udaipur ('District Forum') dtd. 21/4/2011 in Consumer Complaint No.204 of 2005.

(2.) Brief facts of the case, as per the Complainant, are that the Complainant had applied for the conversion of a 1725 Sq Yds land, bearing Khasra No. 1345 in Village Manwa Khera, Udaipur, to urban land through the Urban Improvement Trust (UIT), Udaipur on 13/1/2000. The prevailing conversion rate at that time was Rs.225.00 per Sq Yd. Upon receiving a demand letter from the UIT for paying Rs.58,010,.00 corresponding to the conversion charges, he made the payment. However, subsequent to this, the State Government issued an order on 7/5/2002, revising the conversion charges at Rs.70.00 per Sq Yds. Interestingly, the complainant's neighbour, who owned plot No. 44, had also applied for the conversion of their plot along with the Complainant. However, the neighbour did not make the payment as per the demand letter in time and, as a result, their plot was not converted. Subsequently, the neighbour reapplied for conversion, and paid the amount as per the amended government order at the revised rate of Rs.70.00 per Sq Yd. Feeling aggrieved by the situation, he approached the District Forum alleging deficiency of service by the UIT, arguing that they were entitled to pay the conversion fee at the revised rate of Rs.70.00 per Sq Yd. The Complainant sought the return of the excess amount deposited due to the disparity in conversion rates.

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