The Kanpur Development Authority through its Vice Chairman and Joint Secretary has approached this Commission by filing the present First Appeal under Section 51(1) of the Consumer Protection Act, 2019 against the Order dated 09.09.2022, passed by the State Consumer Disputes Redressal Commission, Lucknow, Uttar Pradesh (hereinafter referred to as “the State Commission”), whereby the Consumer Complaint No.27/2018 (Ram Sagar Yadav Versus Kanpur Development Authority & Ors.), preferred by the Respondent herein has been allowed and the State Commission had passed by the following Order:

         “(A) The opposite parties will pay sum of Rs.10,00,000/- to the complainant as compensation towards mental agony, harassment and financial losses.

          (B) The opposite parties will pay sum of Rs.50,000/- towards the costs of the case.

          (C) The entire amount as directed hereinabove will be paid by the opposite parties to the complainant within a period of 30 days from the date of this order.

           It is further directed that the Vice Chairman, Kanpur Development Authority will ensure that who/which authority is the responsible for delaying the possession of the property to the complainant.”

Heard Mr. Abhishek Chaudhary, learned Counsel appearing on behalf of the Appellant herein and perused the impugned Order, the averments made in the Memo of Appeal as also the documents filed along with it.

The learned Counsel appearing on behalf of the Appellant herein submitted that the State Commission has erred in law, awarding Rs.10,00,000/- to the complainant as compensation towards mental agony, harassment and financial losses.

The fact not in dispute is that the Complainant/Respondent herein had applied a HIG Plot in year 2014 and allotment was also made. The booked Plot cannot be allotted and another Plot was allotted on 07.05.2022 and there is a delay of 7 ½ years. The Appellant herein is a statutory body and cannot take the Complainant or any person who had applied for allotment of Plot/Residential Apartment/Flat for a ride and delay the process arbitrarily for such a long time. In the facts and circumstances of the case it cannot be said that the State Commission had committed any illegality in awarding compensation of Rs.10 lacs to the Complainant. The Kanpur Development Authority which has been constituted under the provisions of the Urban Planning and Development Act for the development of Housing and other Amenities/Utilities in the City has to be more prompt and vigilant in discharging its duties/obligation and not act arbitrarily. The Order passed by the State Commission sends a strong message to such Institutions and should be taken seriously. In fact it is an eye opener for them to change their working style.   

In view of the foregoing discussions, I find no ground to interfere in the Impugned Order passed by the State Commission.

Accordingly, the First Appeal is dismissed in limine. Registry is directed to send a copy of this Order to the Chief Secretary Government of Uttar Pradesh, Lucknow for his information.