Gwalior Development Authority vs Dinesh Kumar Sharma

THE following order of the Commission was delivered by S.K. Dubey, J., President : This is an appeal against the order dated 22.11.1995 passed in Complaint Case No. 310/94 by the District Consumer Disputes Redressal Forum, Gwalior (for short the "District Forum").

THE appellant floated "Apana Ghar" scheme for the members of weaker section of the society for the allotment of plot of 50 sq. metres (539 sq. ft.) to those who registered themselves falling within the category of the weaker section of the Society in the scheme on or before 30th September, 1988 and deposits Rs. 60/- per month in Union Bank of India, Misshills School, Laxmibai Colony, Extension Counter by opening a recurring account. A person who deposits 48 continuous instalments was entitled to allotment of the plot in the areas mentioned in the scheme. THE complainant deposited only 17 instalments of Rs. 60/- i.e. total Rs. 1,020/- within the time frame, hence was not allotted the plot. THE complainant filed the complaint before the District Forum. THE District Forum held that within 48 months the complainant did not deposit 48 instalments, therefore, was not entitled for allotment of the plot. However, the complainant was entitled for refund of the registration amount of Rs. 150/- and the amount so deposited with interest at the rate of 16% per annum from 21.1.1994 and costs of the proceedings of Rs. 500/-. Mr. Mohan Chouksey, learned Counsel for the appellant submitted that as the complainant failed in deposit the instalments of recurring account, therefore, the District Forum rightly held that the complainant was not entitled for allotment of the plot. In Writ Petition No. 1927/95 in Sankthan Samiti & Ors. v. Gwalior Development Authority, decided on 6.3.1997, the Division Bench of the High Court of Madhya Pradesh at Gwalior Bench has observed that the GDA dealing with such allotments has to maintain the transparency and should allow inspection of the records, if any person has the grievance in respect of the allotments. The GDA has made a statement that the remaining plots have been reserved for those allottees, who had deposited 48 instalments, but due to mistake their names were not recommended by the Bank and some plots have been reserved for widows, handicapped persons and Sainiks. The statement shows that the allotments will not be made to the persons who had not deposited the instalments, accordingly the petition was disposed of.

As the complainant was defaulter in not depositing 48 instalments, therefore, was not entitled to allotment of the plot. However, the appellant shall give consent for refund of the amount to the complainant lying in deposit in Union Bank of India in the savings bank account, the Union Bank of India shall refund the amount with accrued interest which is payable by the Bank and not at the rate of 16% as held by this Commission in Appeal No. 237 of 1994, Chief Executive Officer, GDA Gwalior v. Devilal, decided on 5.1.1995.

AFTER hearing Counsel and on going through the order of this Commission passed in Appeal No. 237/94, Chief Executive Officer, GDA v. Devilal, we are of the view that the order of the District Forum deserves to be modified with a direction that in case the amount has been withdrawn by the appellant GDA, the said amount shall be refunded by the appellant with interest at the rate of 12% per annum. In case, the amount is lying deposit in the recurring account of the complainant in the Bank, in that case the GDA shall give consent for withdrawal of the said amount with the accrued interest at the rate which was payable by the Bank in the said account. The registration amount of Rs. 150/- so deposited by the complainant shall also be refunded by the appellant with interest at the rate of 12% p.a. from 21.1.1994. That all would be done within a period of two months from the date of receipt of the certified copy of this order. In the result, the appeal is partly allowed, the order of the District Forum shall stand modified as indicated hereinabove. Parties to bear their own costs. A copy of this order be conveyed to the parties and a copy be sent to the District Forum along with the record of the District Forum. Appeal partly allowed.