JALANDHAR IMPORVEMENT TRUST Vs. SARWAN SINGH

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the consumer Protection Act, 1986 challenging the impugned order dated 30.03.2012, passed by the Punjab State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in First Appeal No. 520/2008, "Sarwan Singh Vs. Jalandhar Improvement Trust & Ors.", vide which, while accepting the appeal, the order dated 25.02.2008, passed by the District Forum Jalandhar in consumer complaint No. 353/2006, filed by the present respondent, Sarwan Singh, was modified.

(2.) Briefly stated, the facts of the case are that the complainant Sarwan Singh made an application for allotment of a plot measuring 250 sq. yard in the 170-acre scheme of the opposite party (OP), the Jalandhar Improvement Trust, the present petitioner, in response to their advertisement. The complainant deposited a sum of 75,000.00 vide bank draft No. 578261 dated 04.12003 drawn on UCO Bank, Jalandhar Branch. The draw of lots for the Scheme was conducted on 07.02004. However, the complainant was not successful in the said draw of lots, but his name appeared at Sl. No. 7 in the waiting list drawn by the OP. It has been alleged in the consumer complaint that the OP Trust sent a letter dated 07.04.2006 to the complainant, asking him to meet the Chairman of the Trust on 13.04.2006, after which the allotment shall be made in his favour.

(3.) However, when he contacted the office of the Trust, certain illegal demand was made from him. The complainant approached the State Government in support of his demand, but despite the State Government writing a letter dated 17.05.2006 to the Trust, the allotment of the plot was not made. Alleging deficiency in service on the part of the opposite party Trust, the complainant filed the consumer complaint in question, seeking directions to the OP Trust for allotment of plot and grant of compensation of 2 lakh for mental agony etc. and 20,000.00 as cost of litigation.