Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 11.12.2015
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to allot the land / plot of 2000 Sq. ft. to the complainant and after allotment, to Register the same land in favour of the complainant.
- To pay Rs. 50,000/- ( Rs. Fifty thousand only ) as compensation.
- To pay Rs. 10,000/- ( Rs. Ten Thousand only ) as Litigation Costs.
- Brief facts of the case which led to the filing of complaint are as follows:-
It is the case of the complainant that he was a member of Bihar Police Co – operative Society Ltd. ( opposite party no. 1 ). From 23.10.1989 and 09.03.1990 he has deposited the total amount of Rs. 31,678/- for allotting the land to the Co – operative ( opposite parties ). After depositing the money for 2,400 Sq. ft. of land he came to know that only 2,000 Sq. ft. land is to be allotted. Later on, one Sadanand Pathak who was also a member of the opposite party no. 1 informed him that in place of 2,400 Sq. Ft. of land only 2,000 Sq. Ft. land was allotted to him and duly registered after obtaining his consent. Thereafter the complainant visited the office of the opposite party no. 1 and came to know that those member who have deposited Rs. 30,000/- and above and are willing to take possession of 2,000 Sq. Ft. of land in place of 2,400 Sq. ft. of land will get the 2,000 Sq. Ft. of land after obtaining the consent form. The complainant immediately filled up consent letter and deposited on 30.05.2011 Vide Annexure – 4. The grievance of the complainant is that the complainant visited opposite party no. 2 several times for allotting the land but his grievance was not redressal and thereafter he filed an application on 11.08.2011 to opposite party no. 2 for allotment of land/plot ( Vide Annexure – 1 ). When his grievance was not redressed despite aforesaid letters ( Annexure – 4 and 5 ) then the complainant again filed application on 26.08.2011 to opposite party no. 1 stating therein that if the land will not be allotted to him then he will approach appropriate court for redressal of his grievance.
From judicial record it transpires that when despite issuing notices the opposite parties did not appeared then Vide order dated 23.08.2012 the service of notice was declared to be valid by this forum and after affording several opportunities to the opposite parties, on 02.12.2015 this case was heard ex – parte as we have no option but to decide the case in ex – parte manner.
The facts of the case have been narrated in the foregoing paragraphs.
The complainant has annexed Annexure – 1, 2 and 3 which are receipt showing despite of the cost of the land with the opposite parties. From care perusal of aforesaid Annexures ( i.e. 1, 2 and 3 ) it is crystal clear that the complainant has deposited total Rs. 31,678/- for allotting the land. Annexure – 4 is a consent letter of the complainant in which the complainant has narrated all the facts and has also agreed to take the 2,000 Sq. Ft. of land. When the grievance of the complainant was not fulfilled, then the complainant has sent application to the opposite parties which have been marked as Annexure – 5 and 6.
It is needless to say that there is no counter version of the aforesaid fact stated by the complainant which has been narrated above paragraphs. Hence we have no option but to accept the fact stated by the complainant on affidavit.
The aforesaid facts asserted by the complainant definitely constitute deficiency on the part of the opposite parties because opposite parties after receiving the amount of the land Vide Annexure – 1, 2 and 3 failed to allot 2,000 Sq. ft of land to the complainant and get it registered in accordance with law.
For the discussion made above, we direct the opposite parties jointly and severally to allot 2,000 Sq. ft. of land as per their commitment and after the aforesaid allotment get it registered the aforesaid land in the name of the complainant in accordance with law within a period of three months from the date of receipt of this order or certified copy of this order failing which the opposite parties will have to return the current price of the aforesaid land at the current circle rate fixed by state government for the aforesaid 2,000 Sq. Ft. of land with an interest @ 12% over the same till its final payment.
The opposite parties are further directed to pay Rs. 10,000/- by way of litigation costs and compensation to the complainant within the aforesaid period of three months.
Accordingly, this case stands allowed ex – parte to the extent indicated above.
Member President
