- (1.) THIS is an appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 20.10.1993 passed by the District Fbrum, Dehradun in consumer complaint No. 363 of 1993; Sh. Ram Prakash v. Sampati Prabandh Adhikari, U.P. Avas Evam Vikas Parishad, thereby directing the appellant to allot the plot in favour of the complainant on the basis of the registration No.RKS/W -111. During the pendency of the proceedings, the complainant -Sh.Ram Prakash died on 4.3.1996 and, therefore, in this appeal, the appellant has initially impleaded his wife Smt. Chameli Devi and son Sh. Gauri Shankar. However, during the pendency of this appeal. Smt. Chameli Devi also expired on 9.8.2007 and on the basis of the order dated 23.4.2011 passed by the learned Additional District Judge, Rishikesh in Probate Case No. 04 of 2009; Harshit Singhal v. Naman Kumar and Others, the name of Sh. Harshit Singhal was substituted in place of late Smt. Chameli Devi.
(2.) BRIEFLY stated, the facts of the case, are that in the year 1980, late Sh. Ram Prakash had got himself registered under Lower Income Group of the appellant's housing scheme for allotment of a house and was allotted registration No. RKS/W -111. It was alleged that he was not allotted any plot for a number of years. The complainant requested the appellant for allotment of the plot, but he was not heard. It was alleged that vide allotment order No.1911 dated 4.7.1992, the complainant was allotted the plot, but the appellant vide its letter No. 228 dated 17.10.1992, cancelled the said allotment. It was further alleged that the appellantt vide its letter No.3175 dated 28.8.1992, gave intimation to the complainant regarding transfer of registration into plot. It was alleged that the act of the appellant is illegal. It was also alleged that the appellant vide its letter No. 1999 dated 20.3.1993, cancelled the allotment in favour of the complainant in an arbitrary manner. This led the complainant to file a consumer complaint before the District Forum, Dehradun.
(3.) THE appellant filed written statement before the District Forum and denied the allegations made in the consumer complaint. The District Forum, on an appreciation of the material on record, allowed the consumer complaint vide impugned order dated 20.10.1993 in the above terms. Aggrieved by the said order, the appellant has filed this appeal.;