GULAB CHAND GUPTA Vs. MUSSOORIE DEHRADUN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This is an appeal by the complainant for enhancement of award amount against the order dated 17.1.2005 passed by the District Forum, Dehradun whereby the complaint of the complainant was dismissed regarding payment of Rs.250 per sq. metre in respect of plot No. D-35 but the opposite party was directed to pay interest to the complainant @ 5% on the deposit amount of Rs.2,500 payable from 24.11.1986 till the date of allotment, i. e. , 24.10.1997 and further to pay a sum of Rs.2,000 as costs of litigation.

(2.) The brief facts of the case are that the complainant applied for allotment of LIG plot under Dalanwala Scheme floated by the opposite party bearing registration No. LIG/plot-B/32/86 and deposited the registration amount of Rs.2,500 on 24.11.1986 through bank draft but the opposite party did not take any action on his application for a period of two years. The opposite party vide its letter dated 10.9.1988 asked the consent of the complainant for the allotment of a residential house in place of a plot. The complainant asked the opposite party to give details of the scheme which were never supplied to the complainant. In 1991 when the complainant personally contacted the office of the opposite party, then the opposite party offered him to give a plot No. D-26/b, Dalanwala @ Rs.490 per sq. mt. in place of proposed rate of Rs.250 per sq. mt. The allotment letter was also prepared but it was not given to the complainant. Thereafter the opposite party offered another plot No. D-45 @ Rs.900 per sq. mt. , against which the complainant gave his consent under protest. The complainant sent a notice to the opposite party on 11.4.1998 but it was not replied. There is deficiency in the service of the opposite party and, therefore, the complainant filed the complaint before the learned Forum.

(3.) The opposite party M. D. D. A. filed written statement and admitted that the complainant got his registration in respect of LIG plot and deposited Rs.2,500 and also admitted that the opposite party vide its letter dated 10.9.1988 offered him a residential house which the complainant accepted. It is alleged that the price of plot and residential house @ Rs.250 per sq. mt. and Rs.400 per sq. mt. was never told by the opposite party. The complainant entered into a hire purchase agreement on 20.1.1998 and at the time of agreement, he was fully aware of the rates and details of the plot. The opposite party through letter dated 24.10.1997 informed the complainant regarding allotment of plot No. D-35 and its estimated and registration amount. The complainant deposited the registration amount of Rs.18,560 without any protest and a sum of Rs.8,781 was demanded from the complainant as first instalment. This amount was also deposited by the complainant without any protest. The complaint has been filed after execution of the agreement and, therefore, is liable to be dismissed.