NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY MAIN ADMINISTRATIVE BUILDING SECTOR Vs. VED PRAKASH GUPTA S/O. OF SHRI GHAMANDI LAL R/O. D

JUDGEMENT

(1.) Challenge in this Revision Petition under Sec. 21(b) of the Consumer Protection Act, 1986 (in short, 'the Act') is to the order dated 24.08.2009 passed by the State Consumer Disputes Redressal Commission, Uttar Pradesh, Lucknow (in short, 'the State Commission'), in Revision No. 121/2009, preferred by the Opposite Party. By the impugned order, the State Commission dismissed the Revision Petition with costs of Rs. 3,000.00, which was preferred against the order of the District Consumer Disputes Redressal Forum, Gautam Budh Nagar (in short, 'the District Forum), in the execution proceedings and confirmed the order of the District Forum.

(2.) The facts of the case in nutshell are that the Complainant purchased a Kiosk No. K-1A/A-64 in Sector 7, Noida for Rs. 1,04,599.50 from the Opposite Party authority which has also executed a Lease Deed in favour of the Complainant. The Complainant ran the Kiosk positively, till April, 1995, but thereafter, a third person encroached the park containing the Kiosk and a wall was built in front of the Kiosk, on account of which, the Complainant's belongings were thrown out of the Kiosk, the information of which, was given to the police and also to the office of the Opposite Party. It was averred that on receipt of the information from the Complainant, the Opposite Party informed that they had sold the park wherein the Kiosk was built, to one factory owner and an alternate Kiosk at another place in lieu of the said Kiosk was offered and a fresh application from the Complainant was demanded. It was pleaded that on the basis of the said letter of the Opposite Party, the Complainant has prayed for allotment of Kiosk KC-21A/K-1A situated at Sector-9 in lieu of the aforesaid Kiosk, which the Opposite Party had dismissed. Despite several requests, the Opposite Party did not respond. Thereafter, the Complainant received a letter dated 05.08.1998 wherein the Opposite Party stated that they would inform the Complainant soon after construction of the Kiosk. The Complainant had pleaded that the new Kiosk which was being offered by the Opposite Party was not convenient to him as it was constructed in the back side, far away, where there is no commercial value and also because his Tea business would be affected as the Kiosk is hidden from the customers. Several times, the Complainant had requested the Opposite Party to remove the encroachment and if that was not possible, to allot Kiosk No.KC 21A/K - 1A in Sector-9 to him or else to refund Rs. 1,04,599.50, with interest @ 24% p.a., from 1991, together with compensation of Rs.50,000.00 and costs of Rs. 10,000.00.

(3.) Opposite Party had filed their Written Version before the District Forum admitting that the Kiosk in question had been allotted to the Complainant in 1991, on payment of Rs. 1,04,599.50. It was averred that the Complainant was informed vide letter dated 26.12.1995 that the Kiosk could be transferred to Sector 9, Noida. The Opposite Party again informed the Complainant vide letter dated 28.09.1997 that the industrial allottees were being directed that the boundary wall of their plot should be kept open to reach the Kiosk, so that there might not be any difficulty in its usage.