ASHOK ROY Vs. BHUBANESWAR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This revision is directed against the order of the State Commission Orissa in FA No. 654/207 dated 15.12.2009.

(2.) Briefly stated the facts relevant for the disposal of the revision petition are that respondent opposite party decided to allotted surplus LIG plots to the prospective buyers on 'First Come First Serve Basis'. It is the case of the petitioner that he applied for allotment of said plot and alongwith his application, he deposited Rs.4900/- on 26.02.1997 as earnest money. The application of the petitioner was misplaced. As a consequence, the persons who applied later were allotted plots but his application remained undecided. The complainant, therefore, made representations to the respondent authority and in the meanwhile deposited a balance consideration amount of Rs.28000/- on 27.05.2000. The opposite party realising their mistake provisionally allotted him LIG plot on 06.07.2002 and requested him to pay excess amount of Rs.76,475/- which was over and above the actual cost of the plot. The complainant made representation and demand was reduced to Rs.54,600/-. The petitioner being aggrieved of the aforesaid demand, raised a consumer dispute in the concerned District Forum.

(3.) The complaint was resisted by the opposite party. The District Forum on consideration of the pleadings and evidence allowed the complaint and directed thus: