Case nº Revision Petition No. 2907 of 2011 of National Consumer Disputes Redressal Commission, May 21, 2014 (case Meerut Development Authority Vs Rashmi Gahlot)
| Judge | For Appellant: Anjani Kumar Singh, Advocate and For Respondents: Party-in-Person |
| President | V.B. Gupta, J. (Presiding Member) and Rekha Gupta, Member |
| Resolution Date | May 21, 2014 |
| Issuing Organization | National Consumer Disputes Redressal Commission |
Order:
Rekha Gupta, Member
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Revision Petition No. 2907 of 2011 has been filed by the petitioner/opposite party against the order dated 26.4.2011, passed by Uttar Pradesh State Consumer Disputes Redressal Commission, Lucknow (short, "State Commission") in First Appeal No. 388 of 2005. The facts of the present case as per complaint are that petitioner/opposite party had announced for a Residential Scheme of Satabdi Nagar at Meerut and, accordingly, in the year 1989 they had invited applications for registration of plots as well of houses in the Residential Scheme of Satabdi Nagar.
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The respondent/complainant had applied for registration under Satabdi Nagar Residential Scheme on 8.12.1989 and had deposited the requisite amount of Rs. 15,000 vide challan No. 0532.
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The respondent was allotted the registration No. 00079286.
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The respondent was informed that now the allotment of plots shall be done by lottery.
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The petitioner demanded an amount of Rs. 30,000 from the respondent vide their letter dated 20.2.1991 and in the same letter, it had also mentioned that the estimated cost of the allotted property would be Rs. 1,44,000 approximately and the reservation fee was Rs. 30,000 and the balance amount of Rs. 99,000 was to be paid in 8 equal instalments each of Rs. 12,375 and the date of payment of instalments were also mentioned in the said letter.
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The respondent on receipt of the letter dated 20.2.1991 of the petitioner had deposited an amount of Rs. 30,000 on 30.4.1991.
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In compliance of the letter dated 20.2.1991, the respondent has deposited the instalment amount of Rs. 12,375 in five instalments each totalling to Rs. 61,875 on different dates.
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The petitioner vide their letter No. 3139 dated 19.6.1992 then informed the respondent that the draw of lottery had taken place on 24.4.1992 and the respondent had been allotted a plot of land measuring 300 square yards, in type-B, Sector-5 bearing No. C-301 of the Satabdi Nagar Residential Scheme, Phase-2 and at the time of allotment of the estimated cost of the aforesaid plot of land was Rs. 1,44,000.
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The petitioner issued a notice to the respondent vide letter No. 4531 dated 7.7.1993 and had informed the respondent that the final cost of the allotted plot of land is fixed as Rs. 1,80,000 and after adjusting the deposit amount of Rs. 1,06,875 the remaining amount to be paid is Rs. 73,125 and they could deposit the balance amount in six monthly instalments with interest @ 16% p.a.
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On receipt of the above said letter of the petitioner, the respondent in compliance of the same deposited the entire amount of Rs. 2,01,117.50 within the stipulated time.
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After depositing the entire amount, the respondent waited patiently for a fairly long time and made written requests time and again to the petitioner to give her possession of the land. But, the petitioner neither replied to any of the letters of the respondent nor gave the peaceful vacant possession of the plot of land bearing No. C-301 of Satabdi Nagar to the respondent.
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The respondent had written a letter to the petitioner on 17.12.1996 and informed the petitioner that the plot of land bearing No. C-301 was not in a developed area and, therefore, the respondent should be given a plot of the same size in lieu of allotted earlier plot under the Ganga Nagar Scheme.
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The petitioner vide its letter dated 1.1.1997 in response to letter dated 17.12.1996 of the respondent had informed the allottee that if she desired then the plot allotted under Satabdi Nagar Residential Scheme can be transferred to the Ganga Nagar Residential Scheme, Meerut but for this the allottee had to deposit the conversion charges along with the cost of the land.
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The respondent vide her letter dated 7.1.1997, in response to the above said letter of the petitioner informed the respondent that she was desirous for conversion only because the plot of land allotted to her in Satabdi Nagar was not in a developed area and that the said plot No. C-301 was allotted to the respondent on 26.4.1992 and she should be given another plot in any other scheme on the same rate as was prevalent on 26.4.1992 and possession should be given to her.
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The petitioner till date has not given the possession of the allotted plot No. C-301 of Satabdi Nagar Scheme, Meerut...
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