IMPORTANT POINT
Where terms of order of State Commission were not complied with, the appellant cannot claim to be entitled for allotment of plot.
Result: Appeal dismissed.

Ashok Bhan, President—This Appeal arises out of the Order dated 01.09.2006 in Complaint Case No. C/98/SC/1997 passed by the Uttar Pradesh State Consumer Disputes Redressal Commission, Lucknow (hereinafter referred to as ‘the State Commission’ for short) where by the State Commission partly allowed the complaint.

2. Briefly stated, the facts leading to the filing of the First Appeal are as under:-

3. As per allegations made in the Complaint, appellant/ complainant applied for a plot in Priyadarshani Scheme and was given registration number 00037268. It is stated that in the draw of lots on 20.07.1989, appellant was allotted plot No.A-1/6. measuring 14 × 28 square meter in the said Scheme. That appellant paid Rs.7,000/- to the respondent as advance money and further paid Rs.l,59,400/- as demanded by the respondent as cost of the plot which was payable in 8 quarterly installments of Rs.21,675/- each on Hire Purchase. Last installment was paid on 10.07.1991. Appellant had also paid interest for late payment as per demand raised by the appellant. In spite of making the full payment towards the cost of plot, the respondent neither got the plot registered in the name of the appellant nor handed over the possession of the same to her. That the respondent did not give any reply to her. letter dated 26.07.1997. Thereafter, appellant sent a Legal Notice to the respondent for handing over possession of the plot and for payment of interest @ 16% p.a. on the deposited amount from 27.04.1991 till the possession was delivered.

4. As no reply was received, appellant filed the Complaint before the State Commission which was partly allowed and the respondent was directed to either handover the possession of the allotted plot within 2 months or to refund the deposited amount with interest @ 12%.

5. Against the Order passed by the State Commission, Rama Devi filed First Appeal No.338 of 1999’and the Lucknow Development Authority filed First Appeal No. 1 of 2000. In the Appeal filed by Rama Devi, she prayed for handing over of the possession of the plot whereas the Lucknow Development Authority, in the Appeal, had taken the stand that it had no notice regarding the filing of the Complaint and that the aforesaid Order was passed by the State Commission behind its back ex-parte. This Commission, by an agreed Order, set aside the Order passed by the State Commission and remitted the case to the State Commission for a fresh decision on merits in the light of the observations made in the Order. Rama Devi/ complainant, who had, received the sum of Rs.12,54,225/- in execution of the Order of the State Commission, was directed to redeposit the same along with interest @ 12% from the date of receipt of the money. Parties were directed to appear before the State Commission on (Colly) September, 2005. The operative part of, the Order passed by this Commission reads as under: -

“Counsel for both the parties agree that case be remanded to the State Commission for complaint being decided on merit after allowing Lucknow Development Authority to file written version and evidence. On enquiry, Shri Sayed states that Lucknow Development Authority is charging interest @ 12%. Since said amount of Rs. 12,54,225/- was realized in execution proceedings, Mrs. Rama Devi cannot evade payment of interest thereon @ 12% p.a. from the date of receipt of that money. In view of said concession, while allowing appeals the aforesaid order dated 27.5.1999 is set aside and case remanded to the State Commission for complaint being decided afresh on merits in the light of the observations made above.”

6. The State Commission, while deciding the matter afresh, allowed the Complaint and gave the following directions for compliance by the parties concerned within 2 months from date of the Order: -

“Q 1. Since L. D. A. is asked to pay 12% interest on Rs. 1,76,400/- with effect from 10.07.1991 to 31.08.2006, a sum of Rs.4,96,936/- may be adjustable.

Q 2. A sum of Rs.12,54,225/- and in