Oral

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal no.726 of 2006

Uttar Pradesh State Industrial Development Corporation Ltd. vs. M/s Fatehpur Tanning Industries Pvt. Ltd.

ORDER

(Delivered by Sri Sushil Kumar, Member)

20.9.2024

Case called out. Ld. counsel for the appellant Sri Ajay Kumar Singh  is present. None appeared for the respondent.

We have heard ld. counsel for the appellant and perused the impugned judgment and order.

This appeal has been filed against the judgment and order dated 6.1.2006 passed by the ld. District Consumer Commission, Kanpur Nagar in complaint no.22 of 2003 whereby the defendants were directed to pay Rs.9,000.00 with interest @ 8% p.a.

As per the case of the complainant, he applied for allotment of a plot by paying Rs.1,200.00 as registration amount but the defendant neither issued the allotment letter in favour of the complainant nor  returned the amount of Rs.1,200.00.

The defendants contended that allotment letter was issued on 10.7.2000 in favour of the complainant but the complainant failed to deposit the value of the plot, therefore, the allotment was cancelled and no deficiency is caused by the appellant/defendant.

The ld. District Commission although admitted the contention of the defendant but directed to pay Rs.9,000.00 which was deposited by the complainant with interest @8% p.a.

Ld. counsel for the appellant submitted that the complainant himself was defaulter and due to his default, allotment was cancelled. He is not entitled to get Rs.9,000.00. This amount is forfeited as per agreement and the condition of the brochure.

(2)

The complainant mentioned in para 4 of the complaint that after payment of registration amount, he was never informed regarding allotment of the plot and was never asked for any payment while the ld. counsel for the appellant argued that the allotment letter was issued to the complainant but there is no postal receipt available on record which may show the issuance of allotment letter to the complainant. Therefore, the complainant is entitled to get the refund of amount as directed by the ld. District Consumer Commission but the rate of interest is reduced from 8% to 6%.  

Hence, the appeal is allowed in part. The rate of interest is reduced from 8% to 6%.  The rest part of the judgment is confirmed.

If, any amount, is deposited by the appellant at the time of filing of this appeal under section 15 of the Consumer Protection Act, 1986, may be remitted to the ld. District Consumer Forum concerned for satisfying the decreed, as per rules alongwith accrued interest upto date.

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.

      (Sudha Upadhyay)                             (Sushil Kumar)    

            Member                                     Presiding Member

Jafri, PA I

Court 2