C.G. GRIH NIRMAN MANDAL THROUGH EXECUTIVE ENGINEER, DIVISION DURG, OFFICE PADMANABHPUR, DISTRICT Vs. SANJAY KUMAR DHIMAN S/O. SHRI GARIBDAS DHIMAN, R/O. E.W.S. 1260, INDUSTRIAL ESTATE, HOUSING BOARD, BHILAI, DISTRICT

JUDGEMENT

(1.) The complainant/respondent was allotted Plot No. EWS- 1497 by the petitioner and the Lease Deed of the aforesaid plot was also executed and duly registered in his favour. The plot was allotted to him for a total consideration of Rs.13,163.00. The petitioner however, constructed an EW House on the aforesaid plot. When the complainant who was in the service of Indian Army came to know of the same, he approached the petitioner, which allotted another plot bearing Plot No. EWS-1320 to him. The area of the Plot No. EWS-1320 being larger than the area of Plot No. EWS-1497, he was asked to pay for the additional land at the rates applicable in the year 2015-16. Being aggrieved, the complainant approached the concerned District Forum by way of a consumer complaint.

(2.) The complaint was resisted by the petitioner which admitted the allotment made to the complainant. It was stated in the written version filed by the petitioner that the complainant having failed to construct the house on Plot No. EWS-1497 within the time stipulated for this purpose, the aforesaid plot was utilized by the petitioner which later on allotted plot no. EWS-1320 to him. Since the area of the second plot allotted to the complainant was larger, he was asked to pay the price for the additional land, at the rates prevailing at the time the second plot was allotted.

(3.) The District Forum, vide its order dated 26.05.2016, directed the petitioner to charge for the additional area admeasuring 17.10 sq. meters at the rate prevailing in the year 2010 and pay compensation quantified at Rs.2,00,000.00 to the complainant along with cost of litigation quantified at Rs.10,000.00.