Reserved

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal  No. 1665 of  2009

Unnao Shuklaganj Vikas Pradhikaran, Unnao

through, Secretary, Unnao Shuklaganj Vikas

Pradhikaran, Civil Lines, infront of District

Panchayat Office, Unnao.                                    …Appellant.                                                                         

Prashant Mishra s/o Kamlesh Mishra,

R/o Village, Dundpur, Pargana, Bhagwant

Nagar, Tehsil, Bighapur, District, Unnao.        …Respondent.

Present:-

1- Hon’ble Sri Rajendra  Singh, Presiding Member.

2- Hon’ble Sri Sushil Kumar, Member.

Sri Alok Ranjan, Advocate for appellant.

None for the respondent.

Date  29.3.2022

JUDGMENT

Per Mr. Rajendra Singh, Member: This appeal has been preferred against judgment and order dated 24.8.2009 passed by the learned District Consumer Forum, Unnao in complaint case no.225 of 2005.

          In short, the main grounds of appeal are that, that the impugned judgment and order dated 24.8.2009 passed in complaint case no.225 of 2005, by the ld. District Forum, Unnao is illegal, arbitrary and has been passed without application of mind.

The complainant/respondent was allotted a HIG plot no.H-8 of 162 sq. meter in Gadankheda for  residential purpose vide allotment letter no.30Vi Pra/2003-04 dated 26.5.2003 on deposit of registration fee of Rs.25,000.00 and it was made clear in the allotment letter that balance amount of tentative cost was to be paid in four quarterly installments of

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Rs.50,450.00 each. First installment was to be paid on 15.6.2003 and the remaining three installments were to be paid on 15.9.2003, 15.12.2003 and 15.3.2004 respectively. Other charges payable were also expressly stated in the allotment letter and it was also stated there that in case of delayed payment, interest @18% p.a. will also be payable and final costing will be done later on. According to stipulations in the allotment letter, complainant was required to deposit the entire amount of Rs.2,01,800.00 in four installments positively by 15.3.2004 but the complainant did not deposit it by 15.3.2004.

After the expiry of last date of deposit of third installment, complainant was given a notice on 20.2.2004 to deposit the amounts within 15 days but he did not deposit the amount,  then another notice was sent to him on 27.3.2004 asking him to deposit the entire amount by 10.4.2004 but the complainant did not deposit any amount. After the expiry of last date of deposit of fourth installment, complainant deposited Rs.40,000.00 on 15.4.2004 and Rs.10,500.00 on 16.4.2004 and further Rs.50,500.00 on  21.4.2004. As the complainant had miserably failed to deposit the installments on due dates and he had not deposited the entire amount inspite of two notices, he was given final notice dated 17.4.20014 to deposit the balance amount immediately failing which his allotment will be cancelled but inspite of this complainant failed to deposit the balance amount, hence, the competent authority cancelled the allotment of complainant on 20.7.2004 and informed him accordingly by their letter dated 28.7.2004. It may be mentioned here that after knowing about the cancellation of his allotment, complainant without

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seeking any permission from the competent authority deposited Rs.50,000.00 on 21.7.2004 and thereafter on 28.2.2005 filed an application before the Vice President for restoration of his allotment and with a malafide intention he filed a fake and fabricated letter in the District Forum alleging that he had filed application before Vice President on 12.8.2004 to make out his case. He deposited Rs.50,000.00 on 5.10.2004 without any order. The complainant did not deposit the amount but filed the aforesaid complaint with false allegations after twisting the facts to suit his case.  

The appellant contested the case by filing written statement and filed affidavit and relevant documents to show that allotment of complainant was cancelled as he did not deposit all the installments by due date and when complainant filed application for revival of his allotment, the value of  plot was assessed at Rs.3,24,000.00 as per provisions and guidelines of Government and complainant was informed by letter no.633 dated 29.9.2004 to deposit the balance amount by 15.10.2004 and again by letter no.780 dated 19.10.2004 to deposit the balance amounting to Rs.1,47,500.00 in one lump sum by 31.10.2004, so  that  his allotment could be revived but the complainant did not deposit the amount, hence,  his allotment could not be revived. The appellant did not commit any deficiency in service, but the District Forum illegally and arbitrarily allowed the complaint and without any evidence about the quantification of losses allegedly suffered by complainant directed the appellant to pay him a sum of Rs.30,000.00. The District Forum  wrongly put an erroneous

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interpretation of the stipulation contained in the allotment order to the effect that in case required amount is not paid by the dates fixed penal interest @ 18% will be payable.

It was not a case of delayed payment of installments rather it was a case of non-payment of installments. Complainants’ allotment was cancelled due to non-payment of installments even by the due date fixed for the payment of last installment. The date of payment of each installment was clearly mentioned in the allotment letter given to complainant. However, in accordance with the principles of natural justice appellant had given three notices to the complainant to pay the defaulted amount by a specified date and when complainant did not pay the amount inspite of two notices he  was further given another and final notice informing him that if he did not pay balance amount by the specified date his allotment would be cancelled and when complainant did not pay the balance amount after last notice his allotment was cancelled.

The impugned judgment and order has been passed illegally, arbitrarily, without any evidence and without application of mind. The ld. District Forum failed to consider that complainant/respondent was allotted a  HIG plot no.H-8 of 162 sq. meter in Gadankheda for  residential purpose vide allotment letter no.30 Vi Pra/2003-04 dated 26.5.2003 on deposit of registration fee of Rs.25,000.00 and it was made clear in the allotment letter that balance amount of tentative cost was to be paid in four quarterly installments of Rs.50,450.00 each. First installment was to be paid on 15.6.2003 and the remaining three installments were to be paid on 15.9.2003, 15.12.2003 and 15.3.2004 respectively.

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Other charges payable were also expressly stated in the allotment letter and it w as also stated there in t hat in case of delayed payment interest @ 18% p.a. will also be payable and final costing will be done latter. But the complainant did not pay any installment even by the last date fixed for payment of last installment.

The District Forum did not consider that according to stipulations in the allotment letter, complainant was required to deposit the entire amount of Rs.2,01,800.00 in four installments positively by 15.3.2004 but the complainant did not deposit even a farthing by 15.3.2004. After the expiry of last date of deposit of fourth installment, complainant deposited Rs.40,000.00 on 15.4.2004 and Rs.10,500.00 on 16.4.2004 and further Rs.50,500.00 on 21.4.2004. As the complainant had miserably failed to deposit the installments on due dates his allotment was cancelled. The ld. District Forum failed to consider  that date of payment of each installment had been clearly specified in the allotment letter and it was the duty of the complainant to pay the amounts by the dates fixed and if complainant did not pay the entire amounts even by the last day fixed for payment of last installment, the complainant has to blame himself. The District Forum did not apply its mind to the factual and legal aspect of the matter that complainant did not pay the amounts as per stipulation made in the order of allotment hence, his  allotment was cancelled and for this no blame or charge of deficiency can be put on the appellant.

The District Forum did not consider that complainant on 12.8.2004 filed an application before the Vice President for

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restoration of his allotment and he further deposited Rs.50,000.00 on 5.10.2004 without any order. The Secretary of Unnao Shuklaganj Development Authority informed the complainant by his letter dated 19.10.2004 that according to provisions of revival of allotment, the cost of the plot comes to Rs.3,24,000.00, hence after adjusting the amount deposited by him he should deposit the balance amount by 31.10.2004 so that approval for revival of his allotment may be given. The complainant did not deposit the amount but failed the aforesaid complaint with false allegations after twisting the facts to suit his case. The District Forum has wrongly and illegally put the burden of proof on the appellant and held that appellant could not prove that Bholanath and Haridwar are related to complainant. The District Forum failed to consider that notices sent to complainant at his correct address through courier were received by the aforesaid persons and complainant has not led any evidence nor   has he sworn affidavit that they are not members of his family, they do not live at their house and they are not related to him. Hence, it is most humbly prayed that the Hon’ble Commission be graciously pleased to allow this appeal and set aside the impugned judgment and order.                   

  We have heard ld. Counsel for the appellant Sri Alok Ranjan. None appeared for the respondent. We have perused the pleadings, evidence and documents available on record.

   We have perused the impugned judgment and order. The plot no. no.H-8 of 162 sq. meter has been allotted to the complainant on his application no.52 of 26.5.2003. The complainant deposited Rs.25,000.00 on 30.4.2003. The price of the land was to be paid in four quarterly installments of

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Rs.50,450.00 each. An interest @ 18% was payable in case delay of depositing the installments. The complainant deposited Rs.40,000.00 on 15.4.2004, Rs.10,500.00 on 16.4.2004 and Rs.50,500.00 on  21.4.2004. The complainant got an open envelope from one villager from which he came to know that the opposite party has sent a notice dated 17.6.2004 to him asking him to deposit the rest installments. The complainant came to Unnao and prayed for time and then deposited Rs.50,000.00 on 21.7.2004 and Rs.50,000.00 on 5.10.2004. The opposite party vide its letter dated 28.7.2004 informed the complainant about cancellation of his plot.

In this case, the opposite party took the decision to cancel the allotment in case of default of the installments deposition. Regarding notice, the opposite party could not prove that by which courier service it has been sent to the complainant and no receipt  has been filed. It is also came to light during enquiry that the said courier had not recognized by the Central Government. Now, the question arises why notice had not been sent through postal department because this matter relates to 2004 and at that time notice through courier has not been incorporated in the Act. When no notice has been received by the complainant in time how  can his allotment be cancelled.

The ld. Forum discussed all these aspects broadly and came to the conclusion that cancellation of the allotment order was illegal and passed the impugned judgment. We do not find any ground to interfere in the judgment. Hence, this appeal is liable to be dismissed.     

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ORDER

The appeal is dismissed. The judgment and order dated 24.8.2009 passed by the learned District Consumer Forum, Unnao in complaint case no.225 of 2005 is confirmed.

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.       

       (Sushil Kumar)                              (Rajendra Singh)

            Member                                    Presiding Member

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

Consign to record.

       (Sushil Kumar)                              (Rajendra Singh)

            Member                                    Presiding Member

Jafri, PA II

Court 2