J.&K. Housing Board vs Manzoor Ahmad

N. Paul Vasanthakumar, C.J. - This appeal is preferred by the appellant against the order passed by the State Consumer Disputes Redressal

Commission, Srinagar, dated 5-5-2014, giving direction to the appellant to receive a sum of Rs. 96,000/- from the respondent in addition to what

he has already deposited with the appellant with further direction to handover the possession of a plot measuring 30 x 50 sq. ft. to the respondent

at Ompora Budgam after getting an undertaking from him that he would not sell the plot.

The case of the respondent before the Consumer Commission was that by notification dated 20-7-1987 the appellant Board invited applications

from permanent residents of Jammu and Kashmir State for allotment of plots at Fatehgarh, Kadipora Anantnag for various categories depending

upon the income of the potential applicants. The respondent applied for a plot under B Category income group which was duly accepted by the

appellant and a letter of intent/demand was issued for Rs. 5250/-, being 50% of the tentative cost of the plot. The said amount was deposited by

the respondent through Bank Draft dated 8-12-1987 on 31-12-1987. The remaining 50% of the cost of the plot was to be deposited in 24 equal

instalments from the date of issue of intent/demand. The respondent paid the remaining 50% of the cost also in 15 instalments and acknowledgment

was also issued for all the said payments. In spite of payment of entire cost of the plot in the year 1989 the possession of the plot was not handed

over to the respondent.

In the year 1999 the respondent was informed that the said plot of land has been occupied by the security forces from 1989. Thereafter the

respondent requested the appellant to provide an alternate plot in some other similar housing colony on the same price as the entire price amount

has been paid by the respondent. The amount paid by the respondent was not refunded. On 1-5-1999 a letter was issued to the respondent stating

that appellant had considered the application of the respondent for an alternate plot at Ompora Budgam, however, the respondent had to pay the

price at a higher rate of Rs. 35/- per sq. feet instead of rate of Rs. 7/- per sq. ft. which was the price fixed for the plot allotted earlier. The said

fixation of price was objected by the respondent by sending several representations.

The matter having not been settled and the appellant having retained the amount paid by the respondent, complaint was preferred by the

respondent before the State Consumer Disputes Redressal Commission praying for following reliefs:

A. Handing over of the possession of the allotted land at Kadhipora Anantnag to the complainant immediately within three months from the date

of filing of this complaint before this Hon'ble Commission.,

OR

Alloting a suitable plot to the complainant in one of the Housing colonies in Srinagar or Budgam or in Jammu.

OR

An amount of Rs. 11 lacs for purchase of land measuring 30 ft.x 50 ft.

B. The rent received by the opposite parties from the Indian Army from the year 1989 till date for the plot of the complainant be directed to be

paid to the complaint with interest @ 12%.

C. Payment of Rs. 15 lacs as an additional cost which the complainant would now incur in constructing a house as there has been an increasing

hike in prices of construction material.

D. Payment of Rs. 3.00 lacs as compensation for unfair trade practise and deficiency in service on the part of the opposite party.

E. Payment of Rs. 3.00 lacs as compensation for mental and physical agony caused to the complainant at the hands of the opposite parties right

from 1987.

F. Payment of Rs. 2000/- as litigation charges into which the complainant was unnecessarily dragged in.

The said complaint was opposed by the appellant stating that land could not be allotted as the Army took possession of the land and thereafter

the land was acquired by Kashmir University for its South Campus, therefore, the delivery of the originally allotted plot is impracticable. It was also

stated that the respondent slept over the matter for over 11/12 years and only in the year 1999 he filed application for providing him an alternate

plot and the application was considered and on 1-5-1999 an alternate plot at Ompora Budgam was ordered to be allotted to the respondent

subject to remittance of cost of Rs. 35/- per sq. feet within a period of 30 days, however, the respondent did not deposit the said amount and filed

a writ petition, OWP No. 333/2000 which writ petition was disposed of with direction to the appellant to consider the case of the respondent for

providing alternate plot of land. Thereafter an order was passed revising the cost at the rate of Rs. 47/- per sq. feet and thereafter without taking

any further action the respondent filed the complaint. It is also stated that cost of the land having been increased many fold the respondent is bound

to pay the present market rate of the plot.

We have considered the pleadings of the parties as well as the arguments advanced on behalf of the appellant. Counsel for the respondent is not

present.

The point that arises for consideration in this appeal is as to whether the respondent is entitled to get an alternate plot and at what rate.

Admittedly the respondent was allotted a plot of land measuring 1500 sq. ft. at Kadhipora Anantnag and he has deposited the entire cost of Rs.

10,500/- i.e. 50% in the year 1987 and 50% in 15 monthly instalments. The respondent was not given the possession of the said plot on the

ground that initially the land was occupied by the Army and thereafter it was handed over to Kashmir University for/ housing its South Campus.

Thus handing over the said plot was not practicable. The amount paid by the respondent was not returned for over 29 years. In the year 1999 the

respondent applied for alternate plot of 30 x 50 size and the alternate plot was also identified and cost was fixed at Rs. 35/- per sq. feet. The said

cost comes to Rs. 52, 500/-. The request for re-consideration of price fixed was not accepted by the appellant and the said order was not

challenged by the respondent. The demand of Rs. 35/- per sq. feet on 1-5-1999 was admittedly on the market value at that time. The respondent

also deposited a sum of Rs. 10,500/- for allotment of 1500 sq. feet plot between 1987 to 1989 which was market value at that time. Since the

respondent has not challenged the fixation of cost of Rs. 35/-per sq. ft. he is bound to pay the cost of Rs. 35/- per sq. feet for the newly allotted

plot after adjustment of amount already paid by him. Since the money value has increased when compared to 1987-1989 and 1999, we are of the

view that the appeal can be disposed of by directing the appellant to calculate the interest at the rate of 9% per annum from 1-5-1999 on the

amount of Rs. 52,500/-and also calculate the interest at the rate of 9% per annum from 1987 on the amount of Rs. 52,500/- and same interest

from 1989 on an amount of Rs. 52,500/- and after adjusting the amount already paid with calculated interest of 9%, the balance amount alone can

be claimed from the respondent for allotting the plot at Ompora Budgam, which was identified as early as on 1-5-1999.

In fine the appeal is disposed of by modifying the order of the State Commission with the direction as stated supra and on demand of the

balance payment the respondent shall pay the same within a period of four weeks and immediately thereafter the plot at Ompora Budgam shall be

handed over to the respondent within a period of two weeks there from. The respondent shall also execute an undertaking that he would not self

the plot.

No costs.