Failure to deliver possession of an allotted plot amounts to deficiency in service, entitling the complainant to the return of the entire amount along with interest.

Mr. Justice K.C. Bhargava, President—This is an appeal against the judgment and order dated 6.10.1998 passed by District Consumer Forum, Meerut in Complaint Case No. 475/1997.

2. The facts of the case stated in brief are that the complainant applied for a plot in Vedvyas Puri scheme. Plot No. 1/301 measuring 200 sq. mts. costing Rs. 1,44,000/- was allotted to the complainant by Meerut Development Authority by allotment letter dated 3.6.1993. The entire payment has been made by 21.9.1993. Even after payment of the entire amount, the possession of the said plot has not been delivered by the Meerut Development Authority to the complainant. The complainant issued a reminder on 25.9.1993, but the possession was not delivered and it was intimated by letter dated 9.6.1994 that the possession will be delivered in about 1½ - 2 years. The complainant again wrote a letter dated 3.9.1997 to the opposite party for giving possession of the plot to her but she was told that no plot is available in that scheme and she can take a plot in some other scheme. Complainant had informed the Meerut Development Authority that she only wanted a plot in Vedvyas Puri.

3. Opposite party has alleged that the possession is given only when development work is completed. The complainant was asked to give consent to take a plot in Sector VI instead of the present allotted plot but she did not agree. It has also been alleged that according to rules if a plot is not available in one scheme then a plot in another scheme is allotted.

4. Learned District Forum, after considering the case of the parties, directed the return of the entire deposited amount alongwith 15% per annum interest within a period of one month from the date of the order alongwith cost of Rs. 500/-.

5. Aggrieved against this order, the Meerut Development Authority has come in appeal and has challenged the correctness of the order passed by the District Forum.

6. We have heard the learned Counsel for the parties.

7. Learned Counsel for the appellant has argued that on account of certain factors the plot in the scheme could not be given to the complainant and she was offered another plot which she refused to take. According to learned Counsel the refund can be made only according to the rules of the Meerut Development Authority. We are not prepared to accept this argument for the simple reason that if a plot is allotted in a particular scheme and possession of the same is not delivered, then it amounts to deficiency in service. When the fault lies with the Meerut Development Authority it has no right to make any deductions from the deposited amount but will have to return the entire amount alongwith interest. The order of the learned District Forum does not suffer with any irregularity and cannot be said to be against the facts of the case. The appeal is, therefore, liable to be dismissed.

Order

The appeal is dismissed and the order and judgment of the learned District Forum are confirmed.

Let the compliance of this order be made within a period of two months from the date of this order.

Let copy be made available to the parties as per rules.

Appeal dismissed.