Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 16.06.2016
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to register the said allotted land/plot in the name of complainant.
- To direct the opposite party to pay Rs. 4,00,000/- (Rs. Four Lakh only ) as compensation.
- To direct the opposite party to pay Rs. 10,000/- ( Rs. Ten thousand only ) as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he had applied for allotment of land before opposite party no. 2 in prescribed manner. Thereafter, he has been allotted the plot bearing no. V/501 at lohia Nagar Patna. He deposited the amount as demanded by the housing board. Thereafter the plot was handed over to the complainant over which he had constructed a house after completing the formality and now the complainant is residing in this house after paying municipal tax etc.
The complainant has further asserted that the complainant has received a letter bearing no. 4957 dated 29.08.2008 issued under the signature of Revenue Officer, Bihar State Housing Board whereby and where under he was directed to deposit the balance amount of Rs. 1,09,035/-. In pursuance of the aforesaid letter the complainant has deposited the aforesaid amount as will appear from annexure – 1. The complainant also submitted an application vide annexure – 3 along with copy of possession report and site plan of plot no. V/501 requesting the opposite party to register the said plot in the name of complainant. The complainant thereafter received a letter from the opposite party vide annexure – 4 whereby and where under the complainant was directed to deposit Rs. 97,230/- in the office of executive engineer housing board and the complainant deposited the aforesaid amount on 28.08.2009 and requested the opposite party to get the aforesaid land registered in his name. The complainant has also submitted an application in the office of Bihar housing board requesting the executive engineer Patna Division – I for transferring the aforesaid land as per agreement as will appear from annexure – 5 and 6.
It further appears that thereafter executive engineer Patna Division –I sent a letter vide annexure – 7 directing the complainant to deposit the amount of Rs. 2,01,913/- in the branch of IDBI Bank so that further action be taken.
The complainant has also filed an application stating therein that during the pendency of complaint the complainant has received a letter bearing no. 5014 dated 23.07.2014 from opposite party whereby and where under he was requested to deposit amount of Rs. 16,173/- in IDBI Bank and in pursuance of the said letter the complainant has deposited the said amount of Rs. 16,173/- on 24.07.2014 the receipt of the aforesaid deposit have been annexed by way of annexure – 2 of the said application.
At the time of hearing this case the counsel for the opposite party Mr. Narendra Kumar Mishra has admitted that the complainant has deposited the aforesaid amount and as such the board has no difficulty in transferring the aforesaid land as per agreement.
Heard the learned counsel for the parties.
In view of the aforesaid fact and circumstances we direct the opposite parties jointly and severally to register the aforesaid land/plot in the name of complainant within a period of two months from the date of receipt of copy of this order failing which the opposite parties will have to pay an interest @ 12% on the total amount i.e. Rs. 2,22,438/- ( Rs. Two Lakh Twenty Two Thousand Four Hundred Thirty Eight only ) deposited by the complainant for transferring the plot up till now.
In the facts and circumstances there is no compensation or litigation costs.
Accordingly this complaint stands allowed to the extent indicated above.
Member President
