JASWANT SINGH SUBEDAR Vs. MEERUT DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This order will govern the disposal of FA Nos. 118 of 2000 and 122 of 2000 which arise out of a common order of Consumer Disputes Redressal Commission UT Chandigarh dated 27.4.2000 holding that the Commission did not have territorial jurisdiction to entertain Complaint Case Nos. 4 of 2000 and 5 of 2000.

(2.) Order under appeal notices the facts of Complaint Case No. 4 of 2000. Facts in complaint case No. 5 of 2000 relating to another plot are similar to that of complaint case No. 4 of 2000. Appellant was allotted a residential plot of C-l category in Shatabdi Nagar, Meerut. In the advertisement, the price of this category of plot was quoted as Rs. 56,000. Appellant deposited Rs. 5,000 on 6.12.1989. Price of the plot was enhanced to Rs. 67,200 on 8.7.1993. It was alleged that as possession of the plot was not delivered within reasonable time, the appellant secured allotment of another plot under registration No. 63100/3581 and he constructed 3-storeyed house thereon. It was further stated that in case the appellant had been allotted plot in 1991-92, the cost of construction would not have escalated by Rs. 3,87,800 in the year 1998-99 when the appellant constructed the house. The reliefs claimed in Complaint Case No. 4 of 2000 were as under :

(3.) The State Commission was of the view that mere fact that amount of Rs. 5,000 was deposited with and remitted through Punjab National Bank, Sector 17, Chandigarh to respondent No. 1 Authority would not confer territorial jurisdiction on it to entertain the complaint. Reliance was placed on the decision in R.P. No. 63/1991, Ghaziabad Development Authority v. Smt. Sunita Garg, decided on 18.3.1992 by this Commission.