Decided on March 14,2006

Yashvir Singh Chauhan Appellant
Jan Vihar Sahkari Awas Samiti Ltd Respondents


- (1.) THE appellant purchased a plot of 250 sq. yds. from the respondent for payment of Rs. 1,75,187. This amount was paid from 10.1.1992 to 27.6.1999 in instalments. On the allegations that the respondent had failed to develop the land resulting in its acquisition by the UP Awas Vikas Parishad and as such he could not construct the house on the said plot because of non -development of the land, the complaint was dismissed vide impugned order dated 27.9.2004 on the premise that there was no deficiency in service on the part of the respondent and rather the appellant had failed to pay the amount due from him towards the development charges when demanded by UP Awas Vikas Parishad vide letter dated 6.10.2003.
(2.) IN our opinion the main allegation of the appellant was that for more than 14 long years the respondent failed to develop the land and so much so also did not develop the land after accepting the full amount of Rs. 1,75,187 on 22.6.1999.
(3.) ACCORDING to the appellant the acquisition of the land by the UP Awas Vikas Parishad came to his knowledge vide letter dated 26.10.2003 whereas the respondent submitted before the District Forum that the land was taken over by UP Awas Vikas Parishad, Lucknow vide its Notification dated 2.8.1997 and in this regard Public Notice dated 25.4.1999 was issued prohibiting the construction or digging of land of village Nistoli. As is apparent the land was acquired in the year 1997 and the Public Notice was issued in April 1999 but the respondent continued receiving the payment from the appellant as the last payment was received on 22.6.1999. It was unfair on the part of the respondent to receive the payment and failure of the respondent in not developing the plot for such a long time amounts to deficiency in service. We do not deem it necessary to issue notice to the respondent. In view of the stand taken by respondent before the District Forum we award compensation of Rs. 20,000 for deficiency in service in not developing the land for 14 long years and unfair practice in accepting the balance of cost of the plot even after it was acquired. Since the appellant is no more interested in the plot respondent shall refund the aforesaid compensation within two months.;

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