AMRITSAR IMROVEMENT TRUST Vs. INDERJIT BHATIA

JUDGEMENT

(1.) The respondent / complainant who is stated to be a senior citizen, aged about 77 years, applied to the petitioner for allotment of a residential plot in Mall Mandi Scheme Amritsar under Pensioner's category, depositing Earnest Money of Rs.1,65,000/-. The draw of lots for the aforesaid plot was held on 02.9.2009 and the name of the complainant was placed at Sl. No. 1 of the waiting list in Pensioner's category. The waiting list was valid for a period of six months, in terms of a Circular dated 11.8.2006 issued by Government of Punjab, Department of Local Government. On 22.1.2010, within the validity period of the waiting list, one Smt. Harjit Kaur requested the cancellation of allotment of plot No.117-B, which the petitioner had made to her and sought refund of the amount paid by her as the Earnest Money. The complainant, on coming to know of the aforesaid surrender, requested the petitioner vide letter dated 11.4.2010, to allot the aforesaid plot to him. The request of the complainant however, was not acceded to, despite several requests made by him. He thereupon filed a Civil Writ Petition in Punjab And Haryana High Court being CW No. 8131 of 2013. The High Court vide order dated 12.4.2013, directed the petitioner to consider the claim of the complainant and dispose it of by passing a speaking order. Pursuant to the aforesaid direction, the petitioner allotted plot No. B-725 to the complainant at the rate of Rs.9600/- per sq. yards as against the price of Rs.6600/- per sq. yards, prevailing at the time the scheme was advertised. The cess charges were also increased from 4% to 6% and the rate of interest applicable on the balance payment was increased from 10% to 12%. The complainant made a total payment of Rs.6,53,900/-, inclusive of the cess charges but was not willing to accept the price of Rs.9600/- per sq. yds. He was also not willing to pay the enhanced cess of 6% and enhanced interest of 12% on the balance amount. He therefore approached the concerned District Forum by way of a consumer complaint.

(2.) The complaint was resisted by the petitioner which claimed that waiting list having expired, the complainant could not be allotted plot as per the request made by him.

(3.) The District Forum, having dismissed the complaint, the complainant / respondent approached the concerned State Commission by way of an appeal. Vide impugned order dated 28.2.2017, the State Commission allowed the appeal to the extent the price of the plot and cess charges were concerned and directed the petitioner to charge @ Rs.6600/- per sq. yds., along with cess @ 4% per annum. However, no relief was given to the complainant as regards the rate of interest payable on the balance payment. Being aggrieved from the order passed by the state Commission, the petitioner is before this Commission by way of this revision petition.