Gulab Chand Gupta vs Mussoorie Dehradun Development Authority

THIS is an appeal by the complainant for enhancement of award amount against the order dated 17.1.2005 passed by the District Forum, Dehradun whereby the complaint of the complainant was dismissed regarding payment of Rs. 250 per sq. metre in respect of plot No. D-35 but the opposite party was directed to pay interest to the complainant @ 5% on the deposit amount of Rs. 2,500 payable from 24.11.1986 till the date of allotment, i.e., 24.10.1997 and further to pay a sum of Rs. 2,000 as costs of litigation.

THE brief facts of the case are that the complainant applied for allotment of LIG plot under Dalanwala Scheme floated by the opposite party bearing registration No. LIG/Plot-B/32/86 and deposited the registration amount of Rs. 2,500 on 24.11.1986 through bank draft but the opposite party did not take any action on his application for a period of two years. THE opposite party vide its letter dated 10.9.1988 asked the consent of the complainant for the allotment of a residential house in place of a plot. THE complainant asked the opposite party to give details of the scheme which were never supplied to the complainant. In 1991 when the complainant personally contacted the office of the opposite party, then the opposite party offered him to give a plot No. D-26/B, Dalanwala @ Rs. 490 per sq. mt. in place of proposed rate of Rs. 250 per sq. mt. THE allotment letter was also prepared but it was not given to the complainant. THEreafter the opposite party offered another plot No. D-45 @ Rs. 900 per sq. mt., against which the complainant gave his consent under protest. THE complainant sent a notice to the opposite party on 11.4.1998 but it was not replied. THEre is deficiency in the service of the opposite party and, therefore, the complainant filed the complaint before the learned Forum. The opposite party M.D.D.A. filed written statement and admitted that the complainant got his registration in respect of LIG plot and deposited Rs. 2,500 and also admitted that the opposite party vide its letter dated 10.9.1988 offered him a residential house which the complainant accepted. It is alleged that the price of plot and residential house @ Rs. 250 per sq. mt. and Rs. 400 per sq. mt. was never told by the opposite party. The complainant entered into a hire purchase agreement on 20.1.1998 and at the time of agreement, he was fully aware of the rates and details of the plot. The opposite party through letter dated 24.10.1997 informed the complainant regarding allotment of plot No. D-35 and its estimated and registration amount. The complainant deposited the registration amount of Rs. 18,560 without any protest and a sum of Rs. 8,781 was demanded from the complainant as first instalment. This amount was also deposited by the complainant without any protest. The complaint has been filed after execution of the agreement and, therefore, is liable to be dismissed.

The parties filed their affidavits and other relevant documents in support of their allegations. The learned Forum after taking the evidence of the parties and hearing them passed the above order, against which the complainant has preferred this appeal.

WE have heard the complainant/appellant, the learned Counsel for the respondent and perused the records. The main contention of the complainant is that he applied for a LIG plot in Dalanwala Residential Colony with the opposite party in 1986 and the price of the said plot was told by the opposite party as Rs. 250 per sq. mt. and the registration amount of Rs. 2,500 was deposited on 24.11.1986 but no plot was allotted to the complainant under the said scheme and on 10.9.1988 the opposite party informed him regarding allotment of residential house, for which the complainant asked for details. In 1991 the opposite party offered him plot No. 26/D in Dalanwala area @ Rs. 490 per sq. mt., for which the allotment letter was also prepared but the said allotment letter was never issued to the complainant. Thereafter in 1997 the opposite party offered him plot No. D-35 @ Rs. 900 per sq. mt. which was allotted to the complainant vide allotment letter dated 24.10.1997 and a registered agreement was executed on 20.1.1998 and the complainant is paying the instalments and the complainant has also deposited the additional amount demanded by the opposite party. The argument of the complainant was that at the beginning he was offered a plot @ Rs. 250 per sq. mt. and thereafter @ Rs. 490 per sq. mt., which was never allotted to him. The opposite party should charge the instalment at the previous rate. The amount of Rs. 2,500 deposited by him was utilized by the opposite party for 11 years and, therefore, he is entitled to interest on the said amount. In reply to the argument of the complainant, the opposite party has said that the rate of Rs. 250 per sq. mt. was never offered to the complainant. The allotment of plot No. D-35 was accepted by the complainant after being fully aware of the rate of the plot and he willingly deposited the registration amount of Rs. 18,560 without any protest and thereafter he deposited the instalment of Rs. 8,781 and a registered agreement was executed and the agreement is binding on the complainant.

THE copy of order dated 8.9.1993 has been filed in which it is mentioned that the rate of developed land in Dalanwala Scheme has been made as Rs. 900 per sq. mt. with immediate effect and this rate shall be applicable to plots and the houses made under that scheme in future. THEn there is letter dated 10.9.1988 which shows the deposit of Rs. 2,500 by the complainant as registration amount. THEre is letter of the complainant to the opposite party in which he has written that necessary action be taken to allot him plot/LIG house. He has specifically written in this letter. "Hindi matter omitted" THE complainant has further written a letter dated 30.12.1997 to the opposite party in which he has written that he is sending a draft of Rs. 8,781 and he asked the opposite party to deposit the said amount towards plot No. D-35 under the Dalanwala Scheme. The copy of agreement regarding plot No. D-35 has been filed and is available on record. There is no mention of any protest in this agreement. This agreement has duly been signed by the complainant. In our view after executing the agreement and writing the letter to the opposite party that he accepts the rules of the development authority, the complainant cannot raise any objection regarding the pricing of the plot. The learned Forum has allowed interest @ 5% on the deposit amount of Rs. 2,500. The relief as claimed in the appeal and complaint are not open to be claimed in view of the fact that the complainant took the new plot on the agreed terms and conditions. The order passed by the learned Forum calls for no interference. The appeal has got no force and is liable to be dismissed. ORDER The appeal is hereby dismissed. Costs easy. Appeal dismissed