LUCKNOW DEVELOPMENT AUTHORITY Vs. MANORAMA SACHAN

JUDGEMENT

(1.) THIS is an appeal against the order dated 12th February, 1993 in Case No. 203/SC/92 passed by the State Commission, Uttar Pradesh at Lucknow by which the Opposite Party Lucknow Development Authority (for short 'LDA') was directed to deliver possession of plot No. 23 E/Sector E, Aliganj, Lucknow by 30th April, 1993. It further ordered that the complainant was also entitled to receive interest on Rs. 36,000/- from 1st January, 1985 till the date of delivery of possession to the complainant at 12%p,a. She was also allowed Rs. 1,000/ damages. The facts leading to this appeal are: that the complainant had applied for allotment of a plot of land in Sector B & E of Aliganj Housing Scheme proposed by the Opposite Party LDA after depositing Ps. 9,000/-. In the draw of lots held on 9th May,1984 the appellant was successful in getting an allotment of plot of land in Sector E. Vide letter dated 25th June, 1984 LDA asked the complainant to deposit the remaining cost of the plot of Rs. 27,000/- by 30th August, 1984. The complainant deposited the amount on 1st September, 1984 with interest. However, the possession of the plot was not delivered to the complainant till the filing of the complaint i.e. upto 21st July, 1992.

(2.) THE Opposite Party, LDA did not put appearance before the State Commission and the State Commission passed the above order ex-parte.

(3.) DURING the pendency of this appeal, LDA offered another Plot No. C-4/113 in Bipul Khand of Gomti Nagar Scheme in place of the original plot allotted in Aliganj Scheme. The said offer has been accepted by the complainant respondent as is clear from the written memo produced before this Commission