DEVENDRA KUMAR Vs. U.P. AWAS VIKAS PARISHAD

JUDGEMENT

(1.) The petitioner/complainant got himself registered with the respondent for allotment of a residential plot and deposited the registration amount of Rs. 3,000/-. He thereafter, deposited an additional registration amount of Rs. 2,000/- in terms of the demand raised by the respondent, thereby increasing the total registration money to Rs. 5,000/-. In a draw of lots held on 29.01.1992, a plot was allotted to the complainant/petitioner and an allotment letter dated 11.03.1992 in this regard was issued to him. As per the terms of the allotment letter, the petitioner/complainant was required to deposit two lump sum amounts one of Rs. 11637/- and the other of Rs.8769/-, with the respondent. The balance amount was payable in 144 monthly installments commencing 01.03.1992. The allotment came to be cancelled by the respondent vide letter dated 06.09.1996 on the ground that the complainant/petitioner had failed to pay the monthly installments in terms of the allotment letter issued to him. The case of the complainant is that he did not come to know about the cancellation of the allotment. He claims that he learnt about the cancellation of the allotment in the year 2005 and therefore, approached the concerned District Forum by way of a complaint seeking various reliefs. It transpires during the arguments that initially the complainant had filed a complaint before the District Forum at Bareilly, in the year 2003, which was dismissed for want of jurisdiction. Thereupon, he filed a fresh complaint before the District Forum at Moradabad.

(2.) The complaint was resisted by the respondent on the ground that the petitioner/complainant had committed default in payment of the installments despite reminders sent to him and therefore, the allotment was cancelled vide letter dated 06.09.1996.

(3.) The District Forum having ruled in favour of the complainant, being aggrieved, the respondent approached the concerned State Commission by way of an appeal. The State Commission allowed the appeal filed by the respondent and dismissed the complaint. Being aggrieved, the complainant is before us by way of this revision petition.