This revision petition has been filed by the petitioners/opposite parties- Meerut Development Authority & anr. against the order dated 16.12.2010 of the State Consumer Disputes Redressal Commission, Uttar Pradesh, (in short ‘the State Commission’) passed in Appeal No.1397 of 2010 whereby the appeal by the petitioners/opposite parties has been dismissed.   

2.      Brief facts relevant for disposal of the present revision petition are that the respondent is an allottee of Plot No.6/225 in Shridha Puri colony of the MDA.  The complainant deposited Rs.10,000/- on 01.09.1988 as registration amount and Rs.15,450/- as first instalment on 08.05.1989.  It is the case of the complainant that the complainant came to know that the plot No.6/225 is disputed and therefore, he did not deposit the reaming amount even though demand letter was sent by the petitioners.  It is important to mention that at that time price of the plot was Rs.1,10,880/-.  Complainant then requested for alternative plot and also filed the consumer complaint bearing No.207/2005 in the year 2005 before the District Forum, Meerut.  The petitioners contested the matter by filing the written statement.  It was stated that the complainant did not deposit the reaming amount, therefore, the allotment was cancelled and the amount deposited by the complainant along with 4% p.a. interest was refunded to the complainant. The District Forum, however, allowed the complaint as under:-

“The complainant’s case against the respondent is acceptable.  It is ordered to the respondent that within one month of this order in place of the said disputed plot no.6/225, area 288 sq.mtr. situated in Shradhapuri Residential Scheme, Meerut any other similar plot in the same scheme on the old rate be allotted to the complainant and the possession be given. The respondent should also pay to the complainant an interest on the deposited amount from the date of its deposition till the date of giving possession at the rate of 12% p.a., a sum of Rs.5000/- as mental and financial losses, and a sum of Rs.3000/- towards the case expenditure on litigation.

        The respondent/opposite party should follow this order in the decided time frame otherwise the complainant is free to take action against the respondent under Section 25/27 C.P.Act, 1986.”

3.      The petitioners herein then preferred an appeal before the State Commission bearing No.1397 of 2010.  The State Commission vide its order dated 16.12.2010 dismissed the appeal.

4.      Hence the present revision petition.

5.      Heard the learned counsel for both the parties and perused the record.  The learned counsel for the petitioners stated that the petitioners are not entitled to allotment of any plot because the original allotment of the complainant was already cancelled by the petitioners in the year 2004 and amount paid by the complainant along with 4% p.a. interest was already refunded to the complainant.

6.      During the pendency of the complaint case before the District Forum, the complainant deposited Rs.85,880/- with the petitioners without any order or demand letter from the petitioners.  On the basis of this amount deposited, the District Forum passed the order that an alternate plot be allotted to the complainant on the original rate. The learned counsel contended that as per the rules of the petitioner authority the rate of the plot is to be taken on the date of allotment. As in the present case, fresh allotment was required to be made. As per the order of the District Forum, the rates applicable on the date of new allotment shall be applicable and an alternate plot cannot be allotted to the complainant.  Moreover, the learned counsel further contended that there is no plot available in the said scheme of Shradhapuri Residential Scheme, Meerut and therefore, it is not possible to allot alternate plot in this scheme.

7.      On the other hand, learned counsel for the respondent/complainant stated that the original plot allotted to the complainant being 6/225 was in dispute and therefore, the complainant requested for allotment for alternate plot.  As no alternate plot was allotted to the complainant, no further instalment was deposited by the complainant.  During the pendency of the complaint, the complainant paid the total consideration for the plot.  As the complainant is the original allottee and therefore, the original price of the plot should be charged from the complainant. Learned counsel further stated that the opposite party had offered to allot at the prevailing price in 2005, however, at that time the complainant did not agree to that offer, but the complainant is ready to pay the price of the plot as prevailing in the year 2005.  With respect to the rule of the petitioner authority that the price at the time of allotment shall be charged, learned counsel stated that there was no fault of the complainant even then the original allotment was cancelled by the petitioners. Thus, if fresh allotment is made for the alternate plot as per the order of the District Forum, the petitioners’ allotment shall be considered with effect from the original date and not from the date of allotment of the alternate plot.   

8.      In support of his argument learned counsel for the respondent referred to the following judgments:-

“1. Estate Officer, HUDA & anr. Vs. National Engineering Corporation, II (1997) CPJ 16 (NC).

2.     Meerut Development Authority vs. Mukesh Kumar Gupta, RP No.3656 of 2011, decided on 10.1.2012 (NC).

3.     Meerut Development Authority vs. Mukesh Kumar Gupta, SLP to Appeal (Civil)……./2012, CC 8481 of 2012, dated 09.05.2012 (Supreme Court).”

 9.     We have carefully considered the arguments advanced by the learned counsel for the parties and have examined the record.  It is clear that the complainant did not pay the instalment as per the original allotment. The allotment was cancelled and the amount was refunded by the petitioners as per the rules of the petitioner authority. However, the District Forum has sympathetically considered the case of the complainant and ordered the allotment of an alternate plot at the old price.  The petitioners are public authority and no fresh plot can be allotted at the old price when the old/original allotment was already cancelled by the petitioner authority.  There was no fault in cancelling the plot by the authority as the instalments were not paid.  The District Forum has found that the allotted plot was disputed, therefore, alternate plot should be allotted.  However, the order of the District Forum for allotment of the plot at original/old price is not fair and it is not as per the rules of the authority. The petitioners had offered the complainant to take the plot at 2005 prices, however, the complainant then refused the same. Just before the order of the District Forum was about to be passed, the respondent/complainant deposited remaining amount of Rs.85,880/- as per the original allotment letter and that too without any interest.  As the major amount has been deposited in the year 2010, the complainant at the most may be entitled to price at the time of final order of the District Forum i.e. prevailing in the year 2010.

10.    Based on the above discussion, we deem it appropriate to allow petitioners herein Meerut Development Authority to allot alternative plot to the complainant at the price prevailing at the time when the final order of the District Forum was passed in the year 2010.  Clearly, the price paid upto the year 2010 before decision of the District Forum, will also be taken into account along with interest @12% p.a. from the date of deposit till the order of the District Forum.  The remaining amount as per the cost price on the date of order of the District Forum shall be paid by the complainant along with 12% p.a. interest from the date of order of the District Forum till the actual payment.  The alternative plot shall be allotted only if the money is deposited within a period of three months from the receipt of the order.  If the current price of the plot is less than the price calculated as above i.e. price of the year 2010 plus 12% p.a. interest till payment, then the petitioner will allot the alternative plot at the current price. It is also clarified that the alternative plot can be given within the jurisdiction of the Meerut Development Authority and price for that plot prevailing in the year 2010 shall be considered.  After receiving the payment, the petitioner authority will allot the alternate plot within a period of 30 days and deliver the possession as per the rules of the Authority. The revision petition No.2353 of 2011 is disposed of accordingly.