Rajasthan

StateCommission

CC/111/2017

Raghunath Prasad Meena s/o Gopilal Meena - Complainant(s)

Versus

Jaipur Development Authority Through Commissioner - Opp.Party(s)

Anurag Kulshresthat

22 Aug 2019

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

COMPLAINT CASE NO; 111/ 2017

 

Raghunath Prasad Meena s/o Gopilal Meena r.o Saket Colony, Behind Govt. Hospital, Hindaun city Distt. Karauli.

Vs.

Jaipur Development Authority, Ram Kishore Vyas Bhawan, JLN Marg, Near Indira Circle, Jaipur & ors.

 

Date of Order 22.8.2019

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Hon'ble Mr.K.K.Bagri-Member

 

Mr. Anurag Kulshreshtra counsel for the complainant

Mr.A.R.Tantia with Mr.Manish Kumar counsel for the non-applicants

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

2

 

This complaint is filed on 27.9.2017 with the contention that non-applicants issued the advertisement for selling of residential plots by lottery system in Dr.B.R.Ambedkar Housing Scheme situated at Agra Road Jaipur. The complainant applied for the same and allotment letter was issued to him. He also paid the amount of Rs. 18,85,850/-. Thereafter it was informed that scheme was in pasture land. The complainant preferred writ petition wherein the High Court has pleased to order to decide the representation of the complainant within two months and if opposite party decide not to allot alternate plot to the complainant, the amount should be refunded. The complainant submitted the representation and it was communicated to him that non-applicant is ready to allot residential plot in Rohini Nagar 1^st Scheme for which the complainant gave his consent in 2016 inspite of this allotment-cum-possession letter has not been issued. Hence, the complainant has asked for the allotment-cum-possession letter of the plot in Rohini Nagar 1^st Scheme and in alternate ask for refund of the amount alongwith interest, compensation for mental agony and deficiency, compensation for transport, staying, lunch etc. and litigation expenses.

3

 

The non-applicant has not denied the facts of the complaint and it is an admitted case between the parties that possession of the plot in Dr.B.R.Ambedkar Scheme could not be handed over to the complainant and they are ready to allot the plot in Rohini Nagar.

 

The other contention of the non-applicant is that the allotment has been made in favour of the complainant and only registration of lease deed is under process.

 

Both the parties entered into evidence. Heard the learned counsel for the parties and perused the record of the case.

 

Vide Anx. 2 allotment was made to the complainant in Dr.B.R.Ambedkar Scheme. Vide Ax. 3 & 4 amount has been paid to the non-applicant. Anx. 5 is the order passed by the Hon'ble High Court in writ petition. The complainant submitted representation Anx. 6 and vide Anx. 7 the non-applicant has communicate the complainant to allot alternate plot in other scheme. Consent was asked vide Anx. 8 which

 

4

 

was submitted vide Anx. 9 on 7.2.2016 but till today the complainant has not been given allotment-cum-possession letter of the plot. Vide Anx. 13 complainant was asked to submit his previous allotment letter of the plot in Dr.B.R.Ambedkar Scheme which was returned by the complainant vide Anx. 14 on 10.1.2018 inspite of this allotment letter has not been issued and vide Anx. 16 the non-applicant has asked non-judicial stamp of Rs.49840 + 50.

 

The only contention of the complainant is that allotment-cum-possession letter similar to Anx. 2 should have been issued. It is pertinent to note that in para 6 of the written reply the contention of the non-applicant is that allotment has already been made to the complainant but no allotment letter is placed before the State Commission.

 

In view of the above deficiency on the part of the non-applicant is writ large inspite of the payment of money in 2008 undisputed plot has not been allotted to the complainant and in 2016 the complainant has consented for alternate plot. Communication has also been made by the non-applicant that

 

5

 

Plot No. 793 is allotted to the complainant but no allotment letter was issued to the complainant.

 

Hence, in view of the above, the complaint is allowed and non-applicants are directed to issue allotment-cum-possession letter of the plot no. 793 measuring 600 sq.m. in Rohini Nagar 1^st Scheme,Jaipur within two months. Further the complainant is also entitled for compensation for mental agony and discomfort to the tune of Rs. 2 lakhs and litigation expenses of Rs. 51,000/-. which should be paid to the complainant within two months otherwise it will carry 9% interest from the date of the order.

 

(K.K.Bagri) (Nisha Gupta )

Member President

 

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