P P KAPOOR Vs. GOVERNMENT SERVANTS CO-OPERATIVE HOUSE BUILDING SOCIETY LTD

JUDGEMENT

(1.) Facts of the case gathered from the complaint and documents filed therewith are as under :

(2.) On 13.8.1968, Mr. P. P. Kapoor, complainant applied to Government Servants Co-operative House Building Society Limited to register his name for waiting list for the allotment of a plot of land in one of the sites in Moti Bagh or R. K. Puram, assuring that he would make the payment on hearing from the Society. He sent a reminder on 25.7.1970 and a detailed letter dated 25.2.1988. Having failed to receive any reply, he approached the Director of Grievances, Cabinet Secretariat by his letter dated January 10,1989/ February 27, 1989 pointing out that he was shocked that some persons who had applied to the Society much later than the date of his application had been allotted plots by the Society. He further stated that on representation, he was informed by Shri Dharam Vira, President of the Society and Former Governor of West Bengal to the effect that Membership of the Society closed in 1973 after the formation of a waiting list of about 30 applicants, before he took over as President of the Society. The complainant submitted several representations to all concerned against the decision of the Society highlighting the following points : (1) The waiting list is required to be based on first come first served principle. (2) Proper record is required to be kept with regard to the date of receipt of the application. In the present case, such particulars of 30 persons who were put on waiting list should have been properly kept and displayed for. the information of the applicants. (3) Due and proper notice was required to be given to all applicants before the closing the Society's Membership to enable them to oversee and glance the waiting list; and (4) The waiting list should have been got approved from the Competent Authority by a fair and impartial and unquestionable procedure after full disclosure of the information regarding the manner and method of selection of the applicants included. The contention of the complainant was that since the above mentioned norms were not shown to have been followed, the waiting list was invalid and further action of allotment was also invalid.

(3.) The complainant was informed by the said Society vide letter dated September 27,1991 that the Society had no plots either in Vasant Vihar or Shanti Niketan for allotment. The complainant claimed compensation on account of amount paid by way of rent by him over a period of 14 years i. e. since his retirement in 1978. Including the cost of shifting from one residence to another totalling a sum of Rs.3,50,000/- and another Rs.2,00,000/- on account of the mental pain and agony suffered by him.