CHIEF EXECUTIVE OFFICER, NEW OKHALA INDUSTRIAL DEVELOPMENT AUTHORITY & ANR Vs. SAHAYAK JANSOOCHANA ADHIKARI

JUDGEMENT

(1.) LEARNED counsel for the petitioners present. Arguments heard.

(2.) SHRI Pramod Kumar Jha, the complainant was allotted a plot in the year 1999 under Economic Weaker Section (EWS), by the Chief Executive Officer, New Okhla Industrial Development Authority, U.P. The petitioner/opposite party issued no objection certificate in favour of the complainant on 23.8.2003 i.e. after a delay of three years for getting loan. The complainant also deposited the installments. The complainant was supposed to get the lease deed executed till 1.4.2005 but he did not appear despite various notices sent to him at his old address. The fault of the complainant is that he did not furnish the new address to the petitioner/opposite party. The petitioner/opposite party has placed number of letters sent to the complainant at the old address. However, there is no proof that those letters were sent at the correct address. However, we will assume that those letters were sent to the old address of complainant. The opposite party imposed penalty in the sum of Rs.22,350/ - upon the complainant for not getting the lease deed executed within the prescribed time.

(3.) BOTH the fora below have decided the case against the petitioners/OPs. We are unable to find any fault in the orders passed by the fora below. It must be borne in mind that the plot was allotted to the complainant under Economic Weaker Section but further penalty imposed upon the complainant will deprive him the benefit which he is getting from the Government. It is difficult to fathom what prejudice is caused to the opposite party. Late execution of lease deed was detrimental to the complainant and not to the opposite party.