SARVAPRIYA SAHKARI AVAS SAMITI LIMITED Vs. DISTRICT CONSUMER FORUM & ANR

JUDGEMENT

(1.) THISIS an appeal against the judgment and order dated 29.1.2003passed by District Forum, Gautam Budha Nagar in Complaint Case No. 561/2002on the ground that the learned District Forum had travelled beyond the pleadings of the parties and wrongly allowed the complaint. It was also taken that the rate of interest along with a sum of Rs. 5,000 towards compensation for mental and physical pain and cost of the suit of Rs. 2,000 was uncalled for.

(2.) ON the other hand Mr. A.K. Mishra,learned Counsel for the complainant argued that in the instant case it was a clear case of consumer dispute in which the complainant/consumer was asked to run from pillar to post and who was not offered possession in spite of deposit of a sum of Rs. 26,400 and even after running for 16/17 years.

(3.) IN the instant case, it is clear that a scheme was floated in which the complainant was allotted a plot of 200 sq. yards for a sum of Rs. 26,400. The said sum was deposited by the complainant with the appellant/Avas Samiti. Even the registration was done but the land in question could not be demarcated nor the possession was offered. Subsequently it became clear that the appellant was having no ownership right muchless transfer right and theland in question on which the scheme was floated was a Nazool land and it was earmarked as a green land by the State Government and there was no ownership of the complainant. It is also clear that in support of his case the complainant filed the Sale Deed as well as order of the Tehsildar dated 16.2.2002. From other documents justifying the contention of the complainant, it is clear that it was a ceiling area and ownership was of the Government of U.P. and other litigations are pending in Revenue Courts. Under these circumstances there was no ownerhsip and there was no transfer right. Consequently the claim of the complainant for refund of the deposited amount along with 12% interest was totally justified. The finding and order of the learned District Forum thus to that extent in our view are totally justified.