SUKHDEO P. SARODE Vs. VIJAY

JUDGEMENT

(1.) The complainant/respondent having become the member of the Abhiyanta Gruhnirman Sahakari Sanstha, Nagpur, a plot of land bearing no. 179 and measuring 162 sq. metres was allotted to him in a draw of lots held on 26.12.1992. Plot no. 181 was allotted to one Mr. H.B. Badwaik. The society had put as many as 181 plots in the draw of lots held by it. The lay out plan had not been got approved before the draw was conducted. Later on, Nagpur Improvement Trust sanctioned only 178 plots as a result of which, the society fell short of three plots. The respondent was not given either plot no. 179 which was allotted to him in the draw of lots nor any other plot in lieu of the aforesaid plot was made available to him. The amount of Rs.7,000/- each which the said complainant had deposited with the society, remained lying with the society and was not refunded to him. Being aggrieved on account of the failure of the society to make the plots available to him, he alongwith Mr. H.B. Badwaik who also had a similar grievance against the society, approached the concerned District Forum by way of a complaint.

(2.) The complaint was resisted by the society primarily on the ground that since Nagpur Improvement Trust had sanctioned only 178 plots, it had not been possible for it to give plot no. 179 to respondent Mr. V.A. Joshi and plot no. 181 to Mr. H.B. Badwaik. The society however, offered to given possession of plot no. 157 to complainant no. 2 Mr. H.B. Badwaik.

(3.) The District Forum vide its order dated 21.10.2005, directed the society to deliver possession of plot no. 157 to complainant no. 2 Mr. H.B. Badwaik and held that no direction could be given for allotment to complainant no. 1 since only 178 plots had been sanctioned by Nagpur Improvement Trust. The District Forum directed refund of Rs. 7,000/- to complainant no. 1 alongwith interest.