NAGAR PANCHAYAT Vs. SHAMBHU KUMAR

JUDGEMENT

(1.) This appeal is directed against the order dated 19.4.2005 passed by District Forum, Shaikhpura in Complaint Case Nos. 21/04 and 22/04 whereby and whereunder the learned District Forum directed the appellant to refund Rs. 9,000 deposited by each of the complainant within six weeks from the date of order with 18% interest and also directed to pay Rs. 500 each as cost to each of the complainants. Respondent No. 1 is complainant of Complaint Case No. 22/04 and respondent No. 2 is the complainant of Complaint Case No. 21/04. Respondent Nos. 3 and 4 were not opposite parties but they have been made respondents by appellant in this appeal. Being aggrieved by the order O.P. No. 1 and O.P. No. 2 have come in appeal.

(2.) The case of the complainants in brief was that Notified Area Committee, Barbigha vide its Resolution No. 4 decided in sitting No. 7 dated 26.10.1994 decided to construct 80 shops and the NAC by its letter No. 88(35) dated 9.9.1994 and letter No. 88(6) dated 9.9.1994 addressed to complainants of Complaint Nos. 21/04 and 22/04 respectively informed that they have been selected for allotment of shops and through another letter No. 94 dated 3.10.1994 they were asked to deposit Rs. 9,000 each by 17.10.1994 in the joint account of BDO, Barbigha and Vice Chariman, NAC, Barbigha, failing which their allotment will be cancelled, which are Annexures 1/A and 2/A of the complaint; that pursuant to the direction contained in the above referred letters both the complainants deposited Rs. 9,000 each but shops were not allotted to them as promised and in fact the constructions of shops were being made on the land of PWD without permission and the work stopped; that several efforts and correspondence with various authorities, the complainants neither got allotment of constructed shop nor their money was refunded, hence they filed complaint against the Notified Area committee which by that time was reconstituted as Nagar Panchayat, Barbigha, headed by its Chairman and Executive Officer.

(3.) The O.Ps. in their written statement stated that the shops could not be constructed as land belong to PWD. It is also stated that the then Vice Chairman, Baleshwar Yadav of NAC, Barbigha and the then BDO, Barbigha Vinod Kumar Singh realised Rs. 2,40,100 from 34 persons in the name of constructing shops but that money was not deposited in the accounts of NAC rather the then BDO and Vice Chairman, Baleshwar Prasad Yadav had opened a separate account in the bank with which Notified Area Committee or its successor Nagar Panchayat has no connection; that several omissions and commissions were done by the then Vice Chairman and BDO concerned; that in these circumstances the Nagar Panchayat, Barbigha was not responsible to refund the money and was not deficient in service.