URBAN IMPROVEMENT TRUST BIKANER Vs. MADAN SONI

JUDGEMENT

(1.) -PETITIONER was the opposite party before the District Forum, where the respondent has filed a complaint alleging deficiency in service on the part of the petitioner.

(2.) VERY briefly stated the facts of the case are that the complainant was allotted a plot by the petitioner, Urban Improvement Trust, Bikaner, bearing No. 4-E-189 admeasuring 900 sq. ft. situated in Murlidhar Vyas Nagar Extension Scheme on 10. 10. 1994 and allegedly the possession of the plot was given to the complainant. It was the case of the complainant that the plot was not developed at all, i. e. , it had deep ditches, no facility of electricity and road. Moreover, the ownership of the said plot was in dispute and the matter was pending before the Hon'ble Rajasthan High Court at Jodhpur. In these circumstances, when he could not commence construction, the complainant requested the petitioner to allot alternative plot in a developed scheme. When this was not materializing, a complaint was filed before the District Forum, who allowed the complaint and directed the petitioner to return the whole amount along with interest @ 12% p. a. Aggrieved/dissatisfied with this order, two separate appeals were filed by both the parties before the State Commission. Before the State Commission, while the case of the complainant was that he was entitled to allotment of plot, the case of the petitioner was that no deficiency has been proved against him, hence the question of grant of interest does not arise. The State Commission after hearing the parties, while dismissing the appeal filed by the petitioner and allowed the appeal filed by the complainant in part in following terms: "consequently, appeal of the appellant is hereby allowed partly and impugned order dated 19. 4. 2006 is hereby modified in the manner that respondent/appellant shall make available an alternative plot of the same size in Murlidhar Vyas Nagar Extension Scheme in place of Plot No. 4-E-189, within a period of three months from today. If any such plot would not be available, then the whole amount deposited by the complainant on different dates against the disputed Plot No. 4-E-189, Murlidhar Vyas Nagar Extension Scheme along with interest @ 12% till the date of payment. Under the circumstances of this case, parties shall bear their respective expenses. "

(3.) AGGRIEVED by this order, this revision petition has been filed before us.