Sri.G.V.Balasubramanya,<br /> Member<br /> <br /> 1. The Complainant has filed this complaint alleging deficiency in service arising out of illegal cancellation of the site allotted to him. It is the case of the complainant that though the Opposite party allotted him a site bearing No.2259 measuring 40’ x 60’ at Devanur 3rd Stage on 14.07.2003 and he deposited a sum of Rs.35,000/-, the allotment was cancelled, which according to the complainant amounts to deficiency in service. The complainant says that he had intimated the change of his address to the Opposite party under an acknowledgement, but has since then lost the acknowledgement at the time of shifting her residence from Mysore to K.R.Pet. The complainant has prayed that the opponent be directed to restore the site and pay her costs.<br /> <br /> 2. The Opposite party in his version has stated that the complainant did not pay the balance amount as prescribed in the allotment order. Though, the notice was sent giving to her for paying the balance amount along with interest, the notice returned unserved. The Opposite party has also stated that the complainant gave a representation on 22.08.2006, wherein she had mentioned her K.R.Pet address whereas in the cause title of this complaint she has given her Mysore address. This, according to the Opposite party, is an indication that she never intimated the change of her address to him. Therefore, averring that there is no deficiency in service, the Opposite party has prayed for dismissing the complaint. <br /> <br /> 3. From the above contentions, only one point arises for our consideration; whether the complainant proves that the site allotted to her was cancelled illegally, thereby giving raise to deficiency in service? <br /> <br /> <br /> REASONS<br /> <br /> 4. The Opposite party has produced the original office file. It is not in dispute that the Complainant was allotted a site measuring 40’ x 60’ on 14.07.2003 at Devanur 3rd stage, Mysore. It is seen from the application that she had given her address – MIG 30, CITB HUDCO 2nd Stage, Kuvempunagar, Mysore-23. The allotment letter was sent to the said address and was also served on her. She paid a sum of Rs.35,000/- on 19.09.2003, though she was required to pay Rs.1,53,750/- within 30 days from the date of receipt of the allotment letter. Along with the payment of Rs.35,000/-, the complainant gave a representation seeking extension of time for paying the balance amount and extension was given till 16.11.2003 to pay the balance amount with interest. It is seen from the file that the Complainant sent a final notice dated 19.08.2004 calling upon the complainant to pay Rs.1,60,000/-, failing which the allotment would be cancelled. The said notice returned unserved with a postal endorsement “Addressee left”. Yet, the Opposite party sent one more notice dated 31.01.2005 calling upon the complainant to pay Rs.1,43,150/- within 15 days from the date of receipt of the notice, but the complainant made no payment. Hence, the Opposite party cancelled the allotment and dispatched the cancellation order on 20.06.2006. It is against this cancellation order, the complainant gave a representation dated 22.08.2006 requesting the Opposite party to reconsider the cancellation. Contrary to her contention that she had notified the change in her address under acknowledgement, we find no such letter in the office of the Opposite party. She has not even made a reference to that letter in her representation dated 22.08.2006. Therefore, it is clear that her contention is false. Since the complainant failed to pay the balance amount and also failed to intimate the change in address, the cancellation of allotment by the Opposite party does not amount to deficiency in service. We, therefore answer the point in the negative and proceed to pass the following order:- <br /> <br /> ORDER<br /> <br /> 1. The Complaint is dismissed.<br /> 2. Parties to bear their own costs.<br /> 3. Return the original file to the learned counsel for the Opposite party.<br /> 4. Give a copy of this order to each party according to Rules.<br />