ANAND SHARMA vs GHAZIABAD DEVELOPMENT AUTHORITY THROUGH ITS VICE CHAIRMAN GHAZIABAD

Sh. Anand Sharma, the complainant, deposited a sum of Rs.3,420/-, on 28.07.1989, as the Ghaziabad Development Authority has launched a Scheme under the name of ''EWS'', in Indirapuram, for weaker section. The GDA, issued a reservation letter on 15.01.1990 in favour of the complainant. The cost of the house was fixed at Rs.52,000/-, which was payable in 7(seven) installments. The complainant paid a sum of Rs.39,279/-. Due to delayed deposit of one installment, the complainant had to pay interest @ 21% p.a., to the GDA.

On 13.10.1993, house bearing No.III/0821/A in the ''Nyaya Khanda'', was allotted in favour of the complainant, through a lottery. Its possession was not given to the complainant. The complainant alleges that the OP, after accepting illegal money, had given the possession of the said house allotted to the complainant, to some other person, namely, Mr. Manoj Puri. The complainant was also offered another house bearing No.674-A in ''Nyaya Khanda'', but the complainant refused to accept the same on the plea that it was in a dilapidated condition, not habitable and its location was very poor.

The GDA has contested this case. It is explained that, as a matter of fact, the house bearing No. III/0821/A was already allotted in favour of Mr. Manoj Puri, who took the possession of the same. Consequently, due to clerical mistake, double allotment was made in question, in terms of which, keeping in view the circumstances of the case, it became impossible for the GDA, to give possession of the aforesaid house, to the complainant. Consequently, another house was allotted to him.

The District Forum directed the OP-GDA, to return the amount of Rs.39,297/-, with interest @ 18% p.a., to the complainant. It also directed that a compensation in the sum of Rs.2,00,000/- be paid to the complainant.

The OP-GDA, filed appeal before the State Commission. The State Commission set aside the order of compensation in the sum of Rs.2,00,000/-.

We have heard the counsel for the petitioner/complainant. He vehemently argued that this is a case of cheating. He contended that the OP-GDA, while working in cahoots with Mr. Manoj Puri, has deprived the complainant, the possession of the house bearing No. III/0821/A. He further contended that another house, allotted to the complainant was in a dilapidated condition. He argued that deficiency had been committed by the OP and it could be rectified only by this Commission. He stressed that this Commission should award Rs.2,00,000/- as compensation, as awarded by the District Forum.

All these arguments are bereft of force. It is true that such like instances happen only in the State of U.P. This instance has further tarnished the image of the State of U.P. and GDA. The higher authorities in the Department turn a Nelson''s eye towards indiscipline which is pending in the Department, instead of tackling the bull by the horns.

However, the order passed by the State Commission, cannot be faulted. The compensation must commensurate with the principal amount. The principal amount is Rs.39,297/-, but compensation is in the sum of Rs.2,00,000/-. The GDA is a public authority and should not be equated with the a private builder. The complainant was given another house in the same vicinity , but he did not take the same, for the reasons which cannot be said to be just and reasonable. All these facts should have been taken into consideration by the District Forum.

Again, the complainant did not contest this case, before the State Commission. The Advocate could not appear for the reasons best known to him. The State Commission has passed a very reasoned order. Interest @ 18% p.a., is already on the higher side. With so much interest, the complainant does not deserve any further compensation. The Revision Petition is meritless and is, therefore, dismissed.