Decided on March 18,2004

ANIL KUMAR Appellant


- (1.)THIS complaint has been filed by Sh. Anil Kumar against Avas Evam Vikas Parishad for a compensation of Rs. 11,45,842/ - (Rupees eleven lacs forty -five thousand eight hundred forty -two) as detailed in paras 46 to 49 of the complaint along with pendente lite and future interest.
(2.)THE brief facts of the case are that Avas Evam Vikas Parishad floated a self -financing scheme for buildup residences in Indira Nagar Yojna, Dehradun. The complainant deposited Rs. 50,000/ - (Rupees fifty thousand) on 26.11.1991. Total cost was estimated for Rs. 4,00,000/ - (Rupees four lacs). The complainant got the registration certificate on 23.9.1992. The Avas Evam Vikas Parishad fixed six instalments schedule for the balance of Rs. 3,50,000/ - (Rupees three lacs fifty thousand) with a provision of 18% interest on delayed payment. All the six instalments were paid by the complainant without any delay and the last instalment was paid in March, 1994. The Avas Evam Vikas Parishad vide letter dated 22.2.1994 (Annexure -5) intimated the cost of land as Rs. 1,87,240/ - (Rupees one lac eighty -seven thousand two hundred forty) @ Rs. 755/ - (Rupees seven hundred fifty -five) per sq. mt. and cost of building as Rs. 2,12,760/ - (Rupees two lacs twelve thousand seven hundred sixty). According to the provision in note -2 of the brochure, the allotment was to be made within six months from the last date for filing the application. Thus allotment was to be done by 6.6.1992. The Avas Evam Vikas Parishad did not make any allotment within 6.6.1992. However, vide letter dated 10.11.1995 and 22.11.1995, the complainant was informed that there is some stay granted by a Competent Authority regarding the scheme. The Avas Evam Vikas Parishad informed that construction will be done when stay is vacated. Although the stay has not yet been vacated. It is said that the scheme floated was illegal, as it was the land earmarked for Community Centre as per original plan. Along with his letter dated 9.7.1996, the complainant went to the office of the opposite party No. 1 and requested them to provide a house or plot of 200 sq. mts. or more in any other scheme and requested for the details. Through their letter dated 9.1.1997, the Avas Evam Vikas Parishad informed that the stay order has not been vacated and the complainant can get refund along with interest @ 9%. The complainant again requested for plot or house then through letter dated 25.1.1997, the opposite party informed the complainant of different plots situated in other schemes and asked for his consent for the same. The complainant sent a reply on 5.4.1997, wherein he showed his interest upon the plots which were more than 200 sq. mts. in area. When the complainant asked for the site plan, through their letter dated 30.4.1997 the Avas Evam Vikas Parishad asked the complainant to see the plots on the spot. Through his letter dated 19.5.1997, the complainant gave his consent to take any land of more than 200 sq. mts. but protested about the cost which was increased from Rs. 755/ - to Rs. 1,025/ - per sq. mt. Through their letter dated 2.6.1997, the Avas Evam Vikas Parishad included the name of the complainant in the list. On 28.6.1997 the Pradeshan Patra was issued in favour of the complainant in which it was displayed that the complainant has been allotted a plot of 340.50 sq. mts. Cost of the plot was calculated and it was also shown that the amount of Rs. 82,903/ - (Rupees eighty -two thousand nine hundred three) was to be returned to the complainant. Through their letter dated 27.8.1997, the Avas Evam Vikas Parishad asked the complainant to take possession otherwise a sum of Rs. 35/ - was to be charged per day as penal charges. The complainant took the possession. On 15.9.1997, the complainant received a letter from the opposite party regarding the refund of the above amount but he was shocked to know that it was being refunded without interest. Through his letter dated 13.11.1997 he claimed interest from the date of deposit till the date of actual payment. He further claimed that the earlier plot was in the developed area and the present plot is in an undeveloped area. The complainant completed all the formalities to get the refund. The Avas Evam Vikas Parishad asked the complainant to deposit Rs. 32,000/ - (Rupees thirty -two thousand) for making the plot freehold. The complainant again asked for the refund. The complainant received the cheque on 7.4.1998.
(3.)THE complainant applied to make his plot freehold and submitted affidavit on 20.4.1998 and the sale deed was executed between the parties on 9.9.1998.
The complainant got a letter from Avas Evam Vikas Parishad on 22.1.1999 that Plot No. 327/7 was dissolved and there is extra land of 39.7 sq. mts., which can be added to the plot of the complainant to increase the area of his plot. For that purpose, an extra charge was calculated with simple interest to be charged, the complainant was asked to give his consent. The complainant in reply to the letter of Avas Evam Vikas Parishad dated 22.1.1999 made three queries regarding interest vide his letter dated 27.1.1999. The opposite party informed the complainant that penal interest @ 17.5% shall be charged from 1.12.1997 to 28.2.1999. The opposite party further claimed corner charges. The complainant having no option deposited a sum of Rs. 42,880/ - (Rupees forty -two thousand eight hundred eighty). The Avas Evam Vikas Parishad again asked for Rs. 532/ - (Rupees five hundred thirty -two) to be paid by the complainant. On 12.3.1999, a transfer certificate was issued in his name. In para 46 of the complaint, the complainant prayed for interest @ 18% on his extra deposits from 19.3.1994 to 7.4.1998. In para 46(d) of the complaint, the complainant challenged the price of the land and alleged that it can be calculated @ Rs. 566/ - (Rupees five hundred sixty -six) per sq. mt. only. He alleged that claim of corner charge is illegal, it should be refunded. In para 47, he alleged that he has been deprived of a house, therefore, he should be paid Rs. 1,500/ - (Rupees one thousand five hundred) per month as compensation from June, 1994 till date. In para 48, he claimed Rs. 2,00,000/ - (Rupees two lacs) as compensation for mental pain and agony. In para 49, he claimed Rs. 20,000/ - (Rupees twenty thousand) on account of expenses incurred in correspondence, etc. and in total he claimed Rs. 11,45,842/ - (Rupees eleven lacs forty -five thousand eight hundred forty -two).

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