S.MOHINDER SINGH vs AMRITSAR IMPROVEMENT TRUST

IT is an appeal against the order dated 27.9.1999 passed by the District Consumer Disputes Redressal Forum, Amritsar (hereinafter called the District Forum).

BRIEF facts, taken from the record are that the appellant-complainant (hereinafter called the complainant), had retired as Senior Section Supervisor from Central Telegraph Office, Amritsar in March, 1996. Respondent-opposite party (hereinafter called the O.P.), advertised in all the leading Newspapers for allotment of plots in 340 Acre Development Scheme on Amritsar-Jalandhar G.T. Road, Amritsar as per the terms and conditions of the allotment and reservation of quota for various categories of persons. 15% plots were reserved for allotment to the pensioners and those serving employees whose superannuation would fall within next three years from the date of closing of registration. The complainant had applied for allotment of a residential plot measuring 150 sq. yards in the said scheme in reserve category of pensioners vide application dated 31.12.1997 by depositing registration fee of Rs. 15,000/- with the O.P. The draw was announced on 4.12.1998. The complainant was allotted plot No. A-63 of the area of 150 sq. yards against registration No. R-3 in the reserve category being pensioner of Central Government. O.P. had not issued allotment letter and call letter to the complainant for deposit of instalments inspite of repeated requests. Feeling aggrieved, the complainant had filed the complaint, seeking the following reliefs : (i) direction to the O.P. to issue allotment letter of plot No. A-63 in 340 Acre Development Scheme as per draw announced on 4.12.1998; (ii) to issue call letter to the complainant for the deposit of instalments as per scheme; (iii) compensation of Rs. 5,000/-; (iv) costs of complaint of Rs. 3,000/- including Rs. 2,500/- as Counsel''s fee and Rs. 500/- as miscall-aneous expenses; (v) any other relief.

The O.P. had appeared and filed written reply, wherein, maintainability of complaint was disputed. It was admitted in the reply that the complainant was a retired employee of the Telecommunication Department. Complainant was successful in draw of lots and a plot bearing No. A-63 measuring 150 sq. yards in the 340 Acre Development Scheme of the Trust was drawn in his favour in the capacity of his being pensioner of the Central Government. It was then stated in the reply that case of the complainant had been sent to the Department of Local Bodies, Punjab Government vide letter No. 15988 dated 22.3.1999 in order to seek clarification regarding applicability of the clause of pensioners in regard to the employees retired from the Central Government. It was then averred in the reply that the Local Bodies, Punjab Government had not given any reply to the clarification sought by the Trust regarding applicability of the clause of pensioners in regard to the employees retired from Central Government and employees from the Punjab Government. Ultimately, a prayer was made that the complaint be dismissed with costs.

Rejoinder was also filed by the complainant, denying the versions of the O.P. After hearing the arguments and after having gone through the documents on the file, District Forum directed the O.P. to allot and accept consideration of plot No. A-63 measuring 150 sq. yards as per clarification of the Government on receipt of such clarification sought by the Trust.

HENCE, this appeal. We have heard the Counsel for the parties and have gone through the record of the case with their help and have also gone through the order of the District Forum. Order of the District Forum is liable to be set-aside only on the ground that it is hypothetical. A direction has been given to the O.P. to allot and accept consideration of the plot as per clarification of the Government on receipt of such clarification sought by the Trust. Such type of order could not have been passed by the District Forum, which does not leave the complainant anywhere.

COUNSEL for the O.P. has stated at the Bar that the Government had written to the Improvement Trust that the Improvement Trust should interpret the advertisement as it is as the Government had no clarification to make. The reservation provided to the pensioners has been described in Clause VIII, which reads as under : "Pensioners and those serving employees whose superannuation falls in the next 3 years and who have no house of their own or in the name of any member of their family."

It does not specify in Clause VIII above that the pensioners must belong to the State of Punjab. It means, it will cover any pensioner, whether he is retired from the State of Punjab or from any other State. Even from the advertisement, which appears at page 107 of the paper book of the District Forum, in the eligibility Clause-I, it has been stated that the applicant should be an Indian National, which means that there is no restriction for participation in the auction on the basis of any region or State. Thus, in a normal manner, it will be considered that the pensioner remains a pensioner, whether he is retired from Punjab State or from the Central Government. Thus, no policy of the Punjab Government is involved in the matter. The Consumer Fora under the Consumer Protection Act have the jurisdiction to adjudicate any such matter.

ADMITTEDLY, Rs. 15,000/- was deposited by the complainant with the O.P. on 31.12.1997 for allotment of the plot on the basis of advertisement made by the O.P. It has also been admitted by the O.P. in para No. 8 of the reply that plot No. A-63 measuring 150 sq. yards in the 340 Acre Development Scheme of the Trust was drawn to the complainant in the draw of plots. The O.P. is, thus, deficient in service in not issuing the allotment letter in respect of Plot No. A-63 as per the draw, announced on 4.12.1998 to the complainant. Consequently, this appeal is allowed with costs, which are quantified as Rs. 3,000/-, order of the District Forum dated 27.9.1999 is set aside and the following directions are issued to the O.P. : O.P. is directed to issue allotment letter in respect of plot No. A-63 in its 340 Acre Development Scheme as per draw announced on 4.12.1998 and to issue a call letter for deposit of instalments as per the scheme to the complainant. O.P. is further directed to pay Rs. 4,000/- by way of compensation to the complainant on account of harassment and mental agony. The O.P. is also directed to pay Rs. 1,000/- as costs of the complaint to the complainant. Appeal allowed.