URBAN IMPROVEMENT TRUST, ALWAR Vs. NIRANJAN LAL

JUDGEMENT

(1.) The main question which falls for consideration is whether an allottee who has waddled out of commitments deserves any relief?. Sh. Niranjan Lal , the complainant was allotted a plot from Urban Improvement Trust, Alwar. He paid Rs.1,000/- vide receipt dated 31.08.1987. He further deposited Rs.4740/- on 07.07.1988. Thereafter, it appears that he did not deposit the instalments. However, the OP accepted three installments alongwith interest and penalty total being Rs.6532.04 on 12/13.06.1991. The complainant was informed about the cancellation of the allotment of the plot on 19.07.1991. However, the complainant denies having received the demand letters or letter of cancellation of plot.

(2.) The District Forum dismissed his plea of allotment of plot but directed the OP to return a sum of Rs.6532.04 alongwith interest @9% per annum from the date of deposit of the amount.

(3.) Aggrieved by that order, the complainant filed an appeal before the State Commission. The State Commission came to the conclusion that the complainant did not receive either the letter of cancellation or any other demand notices. It ordered that the plot be given to the complainant and if any other amount is due, the notice pertaining to the same would be issued within 30 days for deposit of the residue amount by the complainant. It also directed to give possession and allotment letter to the complainant as per Law. Rs.5,000/- were awarded in favour of the complainant towards mental agony and towards costs of litigation.