KANPUR DEVELOPMENT AUTHORITY Vs. KRISHNA DEVI DIWAN
LAWS(UPCDRC)-2007-4-1
UTTAR PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on April 02,2007

KANPUR DEVELOPMENT AUTHORITY Appellant
VERSUS
KRISHNA DEVI DIWAN Respondents

JUDGEMENT

MR.JUSTICE BHANWAR SINGH, J. - (1.) HEARD Mr. H.P. Srivastava, learned Counsel for the respondent and perused the record. None appears on behalf of the appellant, Kanpur Development Authority, nor its Counsel is available. The matter being old is taken up for final disposal on the basis of material available.
(2.) KANPUR Development Authority filed this appeal against the verdict dated 29.4.2002 of District Consumer Forum, Kanpur Nagar whereby the complaint of Smt Krishna Devi Diwan, the respondent was allowed and further the appellant was directed to execute the sale deed in her favour in accordance with the terms of its letter dated 17.3.1993.
(3.) SHORTLY stated, the complainant's case was that her husband applied for a plot of 200 sq. yards in Sujat Ganj Scheme, Kanpur in the year 1967. Unfortunately, her husband died in the year 1970. Following his death on 19.10.1976 the complainant got her name mutated and she repeatedly requested the authorities of Kanpur Development Authority to execute the sale deed in her favour. The Kanpur Development Authority issued a letter to her on 17.3.1993 and asked her to deposit Rs 2,700 as the balance amount of the plot's price along with interest at the rate of 21% per annum, lease rent of Rs. 360 and miscellaneous charges of Rs. 30, totalling to Rs. 17,680. She had deposited with the Authority the said sum with the requisite general stamp papers whereupon the sale deed had to be executed. The Kanpur Development Authority kept mum for nearly seven years and when the complainant moved an application on 8.8.2000 another letter of September 6, 2000 was issued to her by the Kanpur Development Authority whereby a demand of Rs. 1,51,313, besides the stamp papers, etc. was made. The complainant challenged the propriety of such demand and filed a complaint before the District Consumer Forum, Kanpur Nagar. In its written statement the Development Authority simply stated that the demand letter dated 6.9.2000 was justified. The District Consumer Forum, Kanpur Nagar having scrutinized the merits of the respective versions of the two parties, allowed the complaint of Smt. Krishna Devi Diwan and recorded its verdict to the effect that the demand contained in the Development Authority's letter dated March 17, 1993 was final. Accordingly, the Development Authority was under an obligation to execute the sale deed in favour of the complainant within 30 days from the date of judgment. Compensation to the tune of Rs. 5,000 was also awarded.;


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