Sri. G.V.Balasubramanya<br /> Member,<br /> <br /> 1. The complainant herein was allotted a site measuring 20’ x 30’ by the opposite party on 9.12.2001. The complainant who went to have a look at his site realized that the locality had not developed yet. Hence, he requested the opposite party to allot him a site in some developed locality. However, the opposite party neither allotted an alternative site nor sent any notice to him to pay the balance amount towards the allotted site. After waiting for the communication from the opposite party, the complainant made enquiries only to realize that the site allotted to him had been re allotted to somebody without even canceling the allotment made to him. He says that the opposite party has passed a resolution that if the site is allotted in an undeveloped area the allottees should be given an opportunity to pay the balance amount by sending a final notice. He says that despite the opposite party making a favourable note on his representation that if the site is still available, the same should be allotted to him, the case worker DID not show any interest to do it. Terming this as an act of deficiency in service, the complainant has prayed that the opposite party be directed to issue a final notice in terms of the resolution and put him in possession of the site allotted to him. He has, also, claimed damages of Rs.1 lakh.<br /> 2. The Opposite party in his version has denied all the allegations. He says that since the complainant is a defaulter not having paid the balance amount of the sital value and hence is not entitled to any relief. He has, also, raised the defence of limitation. <br /> 3. From the above contentions only one point arises for our consideration – whether the complainant proves that the Opposite party has acted contrary to resolution dated 29.06.2002 thereby causing deficiency in service?<br /> REASONS<br /> <br /> 4. In this case, receipt of allotment letter is admitted by the complainant. It is dated 6.10.2001. He was required to pay Rs.3300 immediately on receiving the allotment letter and Rs.18,520/- within 90 days thereafter. He paid Rs.3300/- on 15.2.2002 and did not bother to pay the balance amount. Contrary to his averment that he sought an alternative site as the locality in which he was allotted the site was not developed, we find no such representation in the office file produced by the Opposite party. It is apparent that after he into a slumber in February, 2002, he woke only in January, 2006 and gave a representation to the opposite party to allow him to pay the balance amount with interest. The opposite party has made a note on the representation that if the site is still available, the file be put up to him. There is another letter of the complainant in the office file in which he has written that he did not get notices from the office of the Opposite party as had shifted his residence. It is observed that the allotment letter was sent to 81, 4th Main, 3rd Cross, Jayanagar, Mysore-14, where as the address given in the cause title is No.140, EWS, 2nd Cross, Vishwaraguru Marg, Ramakrishna Nagar, Mysore. It is not the case of the complainant that he had notified the change in address to the Opposite party and yet the letters were sent to old address. No where he states that he had notified the change in address. The Opposite party has produced the outward register and speed post booking journal to show that notices were dispatched to the complainant to the address given by him. From the said records it is, seen that notices were sent to the complainant’s address at Jayanagar, Mysore. Hence, no deficiency in service can be attributed to the Opposite party on this ground.<br /> 5. Coming to the resolution relied upon by the complainant it is stated in the resolution that since the amenities in the newly formed layouts have not yet been provided, the allottees who have not yet paid the balance amount, may be issued a final notice giving them one month time to pay the money. It is therefore clear from the language used in the resolution that such final notice can be issued only in cases were the allotment had not been cancelled already for default in payment of the balance money. The resolution was made on 29.06.2002. Consequent to the resolution a final notice was issued to the complainant on 20.08.2002 (dispatched on 23.08.2002). Proof of sending the notices are found at serial No.732 and 1483 of the “Certificate of posting” Register produced by the Opposite party. Later, the cancellation order dated 05.12.2002 was sent on 19.12.2002 by speed post as found at serial No.31 of the speed post Booking journal. Since, the Opposite party has sent a final notice before cancelling the allotment as contemplated in the resolution. No deficiency in service can be attributed to him. Hence, we answer the point for consideration in the negative and proceed to pass the following order:- <br /> <br /> ORDER<br /> <br /> A. Complaint is dismissed. <br /> B. No costs.<br /> C. Return the original documents to the learned counsel for the Opposite party. <br /> D. Give a copy of this order to both the parties according to Rules.<br />