NCDRC

NCDRC

RP/932/2008

RAM PYARI - Complainant(s)

Versus

LUCKNOW DEVELOPMENT AUTHORITY - Opp.Party(s)

MR. SALIL PAUL

08 Jul 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 932 OF 2008
 
(Against the Order dated 21/11/2007 in Appeal No. 1372/2005 of the State Commission Uttar Pradesh)
1. RAM PYARI
RESIDENT OF 417/82, NEW AZGANJ, KALYANPURI
THAKURGANJ,
LUCKNOW
...........Petitioner(s)
Versus 
1. LUCKNOW DEVELOPMENT AUTHORITY
6, J. C. BOSE MARG,
LUCKNOW,
UTTAR PRADESH
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.K. JAIN, PRESIDING MEMBER
 HON'BLE MR. DR. B.C. GUPTA, MEMBER

For the Petitioner :MR. SALIL PAUL
For the Respondent :
Mr. Shakil Ahmad Syed, Advocate

Dated : 08 Jul 2014
ORDER

JUSTICE V. K. JAIN, PRESIDING MEMBER (ORAL) The petitioner before us was allotted plot no. SS-302 in Sector-B, Azadnagar, Lucknow, vide allotment letter dated 16.11.1999. However, the possession of the aforesaid plot was not handed over to the petitioner/complainant. The grievance of the complainant is that the respondent illegally allotted the aforesaid plot to one Mohd. Usman. Making out a case of deficient services, the complainant filed a complaint before the Consumer Disputes Redressal Commission, Lucknow, seeking possession of plot no. SS-302, Sector-B, Azadnagar, Lucknow and execution of the sale deed in her favour. She also sought compensation amounting to Rs. 1,50,000/-. (2) The complaint was resisted by the respondent inter alia on the ground that Mohd. Usman had filed original suit no. 389/1998 before the Civil Judge, South Lucknow, who vide order dated 23.02.1999, passed a decree of mandatory junction in nature prohibiting them from demolishing the disputed plot and dispossessing Mohd. Usman from it. The District Forum, noticing that the aforesaid plot was no more available with the Lucknow authority, directed the said Authority to allot the alternative plot to the complainant in case she was willing for such an allotment or to refund the amount deposited by her alongwith interest at the rate of 12% per annum in case she do not consent for the alternative allotment. (3) Being aggrieved from the order passed by the District Consumer Disputes Redressal Forum, the respondent preferred an appeal before the State Consumer Disputes Redressal Commission. Vide impugned order dated 21.11.2007, the Commission enhanced the rate of interest from 12% to 18% per annum, but did not direct allotment of an alternative plot to the complainant. Being aggrieved from the order of the State Commission, the complainant is before us, by way of this petition. (4) The learned counsel for the respondent submits that during pendency of this revision petition, a residential flat/tenament no. S1/16 in Vasant Kunj scheme of Lucknow Development Authority has been allotted to the complainant/petitioner in lieu of the plot, which was allotted to her in Azad Nagar scheme. However, the area of the flat/tenament allotted to the complainant is not known to the learned counsel. (5) On a perusal of the allotment letter shown to us by the learned counsel for the respondent, we find that it does not indicate either the area of the flat/tenament or the price which the complainant would have to pay for it. The learned counsel for the respondent states on instructions that the complainant will not have to pay any additional price for the aforesaid flat and whatever she has paid for allotment of the plot in Azad Nagar, would be taken as a sale price of the flat allotted to her. (6) The learned counsel for the complainant/petitioner submits that the flat allotted to the complainant is only a one room tenament and therefore does not meet the requirements of the complainant. He further submits that the aforesaid flat/tenament is not an appropriate substitute of the plot, which was allotted to her in Azad Nagar. He submits that the area of the plot allotted to the complainant in Azad Nagar scheme was measuring 432 sq. ft. and the complainant could have constructed three floors on the aforesaid plot. He, further, submits that with a view to resolve the controversy, the complainant is ready to accept two flats/tenement as against one plot allotted to her in Azad Nagar scheme. (7) In our view, since the Lucknow Development Authority could not hand over the possession of plot no. SS-302 in Sector-B, Azadnagar, Lucknow to the petitioner/complainant, it ought to have allotted a plot of some other size to her either in the same locality or in some other locality where the price of the flats are at par with the prices in Azad Nagar. The learned counsel for the Lucknow Development Authority submits that they do not have any plot of land available for allotment to the petitioner/complainant either in Azad Nagar or in some other locality. According to the learned counsel, they have only residential flats/tenement and as per their policy only one flat/tenement can be allotted to one person. (8) In these circumstances, the petition is disposed of with the following directions:- (a) The respondent, Lucknow Development Authority shall allot either a plot of land measuring about 400 sq. ft. or a residential flat/tenement having atleast two rooms to the petitioner/complainant within eight weeks from today. (b) The allotment shall be made in Azad Nagar or in a locality which is at par with Azad Nagar in terms of the value of the land. (9) In case, Lucknow Development Authority decides to allot the flat/tenement of two rooms and not a vacant plot, it shall be entitled to recover from the complainant/petitioner an amount equivalent to the amount, which he had paid to the Lucknow Development Authority for allotment of plot no. SS-302 in Sector-B, Azadnagar, Lucknow. (10) The Revision Petition stands disposed of accordingly.

 
......................J
V.K. JAIN
PRESIDING MEMBER
......................
DR. B.C. GUPTA
MEMBER

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