Tribunals and Commissions(2010) 04 NCDRC CK 0044

HUDA vs RAJ KUMAR

National Consumer Disputes Redressal Commission · Decided on 6 April 2010 · Citation: 2010 2 CPJ 224

HON’BLE JUDGES
Ashok Bhan , S.K.Naik J.
RESULT
R.P. dismissed.

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Judgment

4 paragraphs · 262 words
1.

RESPONDENT/complainant was allotted a plot No.160-R-lll in Mandi Township, Sirsa by the petitioner, but the possession could not be delivered as the said plot was under the occupation of ''Sigligars'' and ''Muslim Beggars'' for more than 30 years. By that time, the unauthorized occupants had got prepared their Ration Cards and Voter Cards in their names. Respondent apprised the Estate Officer and the Administrator of the respondent of the factual position when they visited the spot, but despite that the petitioner demanded extension fee which was deposited by the respondent on 10.10.1993 under threat of resumption of the plot. The respondent obtained the possession of the plot by filing a suit and paying a Pagadi of Rs. 1,40,000.

2.

KEEPING in view the circumstances of the case, the District Forum allowed the complaint and granted Rs. 50,000 for escalation in the cost of construction, Rs. 3,000 for mental agony and Rs. 5,000 towards costs.

3.

PETITIONER being aggrieved filed an appeal before the State Commission which has upheld order of the District Forum.

4.

KEEPING in view the facts and circumstances of the case and, especially the fact that the petitioner was unable to deliver the possession to the respondent for a period of more than 30 years after having charged full price for the plot, the District Forum was justified in granting the meagre amount of Rs. 50,000 towards escalation in costs of construction. Only Rs. 3,000 have been awarded for mental agony. We agree with the view taken by the Fora below. No merits. Dismissed. No costs. R.P. dismissed.