DEEPAK MUKHERJEE Vs. AVAS EVAM VIKAS PARISHAD

JUDGEMENT

(1.) This is a complaint case filed for directing the opposite party to deliver possession of the plot and for compensation.

(2.) The facts of the case as disclosed in the affidavit by the complainant are that the complainant applied for registration of a plot in the year 1982 and deposited an initial amount of Rs.2,000/- as registration amount. Thereafter on the request of the opposite party, he further deposited a sum of Rs.3,000/- as additional registration amount. A certificate for having made this payment was issued on 28.5.1985, a copy of which has been filed as Annexure 1.

(3.) Even after lapse of 10 years the opposite party has not allotted any plot in favour of the complainant. A copy of the letter dated 30.4.1992, which was received by the opposite party, is being filed as Annexure 2. On 24.7.1992 the complainant wrote another letter to the opposite party with a request to allot the plot. The complainant made several requests to the opposite party for allotment of a plot. Nothing was done till the filing of the complaint. The complainant has prayed for award of interest at the rate of 18% on the deposits already made alongwith Rs.10,000/- as compensation for mental torture. It is further alleged that by allotment letter dated 30.6.1993 plot No.25/63 in Indira Nagar was allotted to the complainant after a lapse of about 10 years. He was required to deposit a sum of Rs.1,27,640/- which was deposited on 30.7.1993. Copies of these receipts have been filed as Annexures 4 and 5. The possession of the plot has not been handed over even after allotment of the plot despite making several requests. When the complainant went to the office of the opposite party, he was told that the possession shall be delivered only after registration of the sale deed. The complainant was given possession of the plot on 10.4.1994, a photo-copy of possession letter is enclosed as Annexure 7 to the affidavit. Before handing over possession, the opposite party demanded a sum of Rs.13,627/- as lease rent, etc. which was deposited by the complainant on 29.7.1993. The lease agreement was signed and registration done on 30.3.1995.