NAGAR PALIK NIGAM BHILAI Vs. NIRMALA KUMARI SINGHAL

JUDGEMENT

(1.) This appeal, under Section 15 of Consumer Protection Act, 1986 is directed against the order dated 28.9.2001 in Complaint No. 28/1996 directing the appellant Municipal Corporation, Bhilai to refund to complainant/respondent Rs. 10,000 recovered from the complainant as lease rent and also to pay interest @ 9% per annum thereon, besides Rs. 1,000 as cost.

(2.) The relevant facts necessary for the disposal of this appeal stated in brief are that Kedar Nath Singhal, the husband of complainant/respondent Smt. Nirmala Kumari Singhal initially applied for allotment of a plot under the scheme floated by Special Area Development Authority, Bhilai-Durg (hereinafter 'SADA' for short). The plot was allotted to him as per term and condition mentioned in the letter dated 18.12.1989 of SADA. It is also not in dispute that, the total price of the plot was Rs. 50,000. Rs. 5,000 being 10% of that amount was initially deposited by Kedar Nath Singhal. Subsequently Rs. 17,000 were deposited by him on 16.3.1988. The balance of Rs. 28,000 was to be deposited within 21 days thereafter as per the agreement between the parties, from the date of confirmation of auction in favour of Kedar Nath Singhal. It is also not in dispute that the SADA had given an option to the allottee that in case he wishes to get the lease deed registered in favour of some of his family members i.e., spouse and minor children, he could make a request, in that regard. It is also not in dispute that the allottee Kedar Nath Singhal applied to the SADA to register the plot in favour of his wife-the present complainant/respondent Smt. Nirmala Kumari Singhal. The balance amount of Rs. 28,000 was indisputably deposited by Kedar Nath Singhal on 27.12.1989. Thus, the payment of the price of plot was fully made, on the said date.

(3.) It appears that the complainant raised certain objection regarding the requirements for getting the plot registered in the name of his wife. However, ultimately the lease deed of the plot was registered in favour of his wife-the complainant on 5.4.1995 and possession thereof was given to her on 24.4.1995. Indisputably lease rent of the said plot amounting to Rs. 12,500 from 1991-92 to 1994-95 amounting to Rs. 12,500 was demanded by the SADA.