JAIPUR DEVELOPMENT AUTHORITY JAIPUR RAJASTHAN Vs. PRAHLAD GUPTA

JUDGEMENT

(1.) The complainant/respondent was allotted a plot bearing No.C-42, ad-measuring 100 Sq. Mtr., vide allotment letter dated 23.07.1996. He was asked to deposit a sum of Rs.56,653/- which he duly deposited vide challan dated 21.08.1996. Vide advertisement dated 03.02.96, the Government decided to levy stamp duty @ 6% on the instruments registered till 31.03.97. In order to avail the aforesaid concessional stamp duty, the complainant wrote letters dated 25.2.97 and 18.03.97 to the petitioner Authority seeking issue of the lease deed to be executed by him. The petitioner however failed to issue the requisite lease deed. This is also the case of the complainant that possession of the plot was not delivered to him despite several letters sent by him to the petitioner. This is also his grievance that he has suffered loss on account of the delay in delivering possession and issue of lease papers since the concessional stamp duty of 6% was applicable till 31.03.97. This is further his case that as per the rules/terms, he was entitled to interest on the amount deposited by him with the petitioner since possession of the plot was not delivered to him. The complainant also disputed the demand of Rs.13,416/-, which the petitioner raised against him towards interest and penalty. He also sought refund of Rs.1403/-, which he claimed to have unnecessarily been recovered from him. He therefore approached the concerned District Forum by way of a complaint seeking compensation, refund etc.

(2.) The complaint was resisted by the petitioner. It was stated in the reply that area of the plot had increased by 16.38 sq. mtr. for which the demand letter was issued to the complainant but he failed to deposit the said amount. According to the petitioner, the complainant was asked to deposit Rs.8,703/- and when he deposited the aforesaid amount along with interest amounting to Rs.1403/-, on 06.08.2008 the possession letter was issued to him on 13.03.2009. It was also claimed in the reply that since the payment for the extra area was deposited late, the complainant was also liable to pay interest amounting to Rs.14,819/- and after deducting Rs.1403/- already paid by him towards interest, a sum of Rs.13,416/- was still payable by him.

(3.) The District Forum vide its order dated 21.02.2014, cancelled the demand of Rs.13,416/- towards penalty and interest and also directed the petitioner to refund the amount of Rs.1403/- recovered from the complainant along with interest @ 9% p.a. The petitioner was also directed to pay Rs.10,000/- as compensation and Rs.1000/- as cost of litigation to the complainant.