ORAL

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal No. 16 of 2015

1- Avas Ayukt, U.P. Avas Evam Vikas Parishad,

    104, Mahatma Gandhi Marg, Lucknow.

2- Estate Management Officer, Avas Evam Vikas

    Parishad, Sitapur.                                            ...Appellants.

Versus

Shiv Ram Lal s/o Sri Kunwar,

R/o Village Lodhauri, Post, Kamlapur,

District, Sitapur U.P.                                        …Respondent.

Present:-

1- Hon’ble Sri Sushil Kumar, Presiding Member.

2- Hon’ble Sri Vikas Saxena, Member.

Sri N.N. Pandey, Advocate for appellants.

Sri V.K. Yadav, Advocate for the respondent.

Date 17.1.2023

JUDGMENT

Per Sri Sushil Kumar,  Member- This appeal has been filed against the judgment and order dated 21.11.2014 passed by the ld. District Forum, Sitapur in complaint case no.107 of 1994, Shiv Ram Lal vs. Avas Ayukt, U.P. Avas Evam Vikas Parishad & anr., whereby the appellants are directed to allot the house no.C-204 under the scheme of lower income group within 45 days and to pay Rs.20,000.00 as compensation in favour of the complainant.

          We have heard ld. counsel for both the parties and perused the impugned judgment and order as well as record.

          Ld. counsel for the appellant submitted that since the scheme concerned was introduced in the year 1992 and after passing so many years there is no occasion to get the vacant house for allotment to the complainant. Therefore, this order is not executable.

          Ld. counsel for the respondent/complainant suggests that complainant may be facilitated to get the house under the scheme of lower income group in upcoming housing project of the appellant authority. This bench is also considered it appropriate to amend the judgment passed by the ld. District Forum, Sitapur to this extent that the appellant authority may provide a house to the complainant in its upcoming scheme

(2)

under lower income group according to the conditions applicable at the time of launching a new scheme.

          It is also submitted that the complainant deposited only Rs.1250.00 and the ld. District Forum imposed a compensation of Rs.20,000.00. This is in multiplier of the deposited amount, therefore, it is proper to reduce the amount of compensation from Rs.20,000.00 to Rs.5,000.00. This amount of Rs.5,000.00 shall be adjusted by the appellant authority at the time of allotment of a new house in favour of the complainant.

ORDER

          Appeal is allowed partially. The impugned judgment and order passed by the ld. District Forum, Sitapur is amended to this extent that the appellant authority may provide a house to the complainant in its upcoming scheme under lower income group according to the conditions applicable at the time of launching a new scheme. The  amount of compensation is reduced from Rs.20,000.00 to Rs.5,000.00. This amount of Rs.5,000.00 shall be adjusted by the appellant authority at the time of allotment of a new house in favour of the complainant.

          The stenographer is requested to upload this order on the Website of this Commission today itself. 

          Certified copy of this judgment be provided to the parties as per rules.       

        (Vikas Saxena)                                (Sushil Kumar)

              Member                                  Presiding Member

Judgment dated/typed signed by us and pronounced in the open court.

Consign to record.

        (Vikas Saxena)                                (Sushil Kumar)

              Member                                  Presiding Member

Jafr, PA I

Court 2