NCDRC

NCDRC

RP/338/2010

AJIT KUMAR - Complainant(s)

Versus

KANPUR DEVELOPMENT AUTHORITY - Opp.Party(s)

MR. RAJAT SHARMA

09 Feb 2010

ORDER

Date of Filing: 08 Jan 2010

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/338/2010
(Against the Order dated 09/11/2009 in Appeal No. 3168/2003 of the State Commission Uttar Pradesh)
1. AJIT KUMARR/o House No. 147/459, U-Block, Nirala NagarKanpur NagarU.P. ...........Appellant(s)

Vs.
1. KANPUR DEVELOPMENT AUTHORITYThrough Its Vice Chairman, MotijheelKanpur Nagar ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE B.N.P. SINGH ,PRESIDING MEMBERHON'BLE MR. S.K. NAIK ,MEMBER
For the Appellant :NEMO
For the Respondent :NEMO

Dated : 09 Feb 2010
ORDER

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 Heard learned counsel for petitioner on admission.  In draw of lottery, the petitioner was allotted a HIG plot.  He wanted to avail OTS scheme when respondent on consideration of his move asked petitioner to deposit Rs.1,37,816/- but petitioner failed to deposit even first installment.  Respondent – Authority again asked petitioner by issuance of notice for deposit of Rs.45,953/-, i.e. 1/3 of deposit of Rs.1,37,816/- which was required to be deposited in two installments till 14.11.2001 failing which allotment made to him was liable for cancellation.  Petitioner had not responded even then.  Subsequently, there was cancellation of plot on 27.12.2002 pursuant to which petitioner made deposit of Rs.1,40,000/-.  Since waiting, there could not be settlement of issue, a consumer complaint was filed with District Forum.  District Forum on pleadings of parties, while accepting claim granted some relief but in appeal which was preferred with State Commission, the State Commission having taken notice of all events which took place after allotment of plot in question in favour of petitioner, modified award of District Forum directing respondent – Authority to refund Rs.1,40,000/- along with 6% interest giving liberty to respondent to take decision as for the deposit made by petitioner prior to cancellation of plot, in terms of departmental rules.  We find no infirmity with finding of State Commission on merit requiring our interference.   Revision petition is accordingly dismissed with no order as to cost.                                  



......................JB.N.P. SINGHPRESIDING MEMBER
......................S.K. NAIKMEMBER