HUDA Vs. NEELAM JINDAL

JUDGEMENT

(1.) -THIS appeal is directed against the order dated 1. 6. 2006 passed by the District Consumer Disputes Redressal Forum, Panchkula whereby while accepting the complaint filed by the respondent No. 1-complainant following directions have been issued to the appellant-opposite parties :

(2.) THE facts set out in the complaint need to be noticed briefly in order to focus the controversy involved in the present appeal. The land of the complainant situated in village Chowki Tehsil and District Panchkula was acquired under Section 4 of the Land Acquisition Act as per Notification dated 26. 3. 1999 for the purpose of recreational zone. In September 2003, the opposite parties advertised for the draw of plots in several sectors including Sector 21, Phase III, Panchkula. The complainant submitted an application for the allotment of 10 Marlas plot located in Sector 21, Part III and also deposited Rs. 89,996 along with the application with the opposite parties. He also submitted the entire revenue record in respect of his eligibility for the allotment of the plot under the oustees policy. The opposite parties rejected his claim without giving any reasons and intimation. The complainant approached the opposite parties to disclose the basis on which his application had been declined and came to know that the opposite parties had considered his case in general category instead of oustees category in terms of the policy dated 28. 7. 1998 because under the policy the claimants whose land had been acquired for recreational purposes were entitled to plots under the oustees quota as per their entitlement. The complainant also made written representation dated 10. 3. 2000 to the opposite parties in this regard but no action was taken. Forced by these circumstances, the complainant filed the present complaint. The complaint was contested by the opposite parties. In the written statement filed it was pleaded that the complainant was not entitled to allotment of 10 Marlas plot in Sector 21, Part III, Panchkula under the oustees category because the land of the complainant was acquired by the opposite party No. 3 -respondent No. 3 situated in village Chowki which falls in Sector 31 of Panchkula Extension. It was further stated that the opposite parties intend to carve out 350 plots of different size in Sector 31, Panchkula Extension in near future and the complainant could apply in that sector as and when application for oustees would be invited. The other plea of locus standi; want of jurisdiction to try the complaint; non-maintainability of the complaint in the present form and there being no deficiency in service on the part of the opposite parties were also raised. Consequently, it was prayed that the complaint merited dismissal. After examining the pleadings of the parties and evidence adduced on record, the District Forum rejected the stand of the opposite parties and issued directions in its order dated 1. 6. 2006 noticed above. It is against this order, the present appeal has been filed by the appellant-opposite party Nos. 1 and 2.

(3.) LEARNED Counsel representing the appellants have been heard at length.