Mere depositing of the registration amount does not entitle anyone to get the house. Completion of required formalities is necessary for house allotment.

JUDGMENT

Mr. Mahesh Chand, Member.—This Appeal has been filed by Thakur Ramveer Singh under Section 15 of Consumer Protection Act, 1986 against the Judgment and Order dated 30.9.2011 passed by the District Consumer Forum, Mathura in complaint No 1999 of 1995, Thakur Ramveer Singh v. U.P. Aivas Evam Vikas Parishad. By the impugned order dated 30.9.2011 the complainant's complaint was dismissed. Being aggrieved with the impugned order this Appeal has been preferred. In brief the facts of the dispute are that the complainant had made registration with the opposite party-U.P. Awas Evam Vikas Parishad for allotment of a house under Economically Weaker Section category (EWS) on 29.6.1980. He deposited a sum of Rs. 950 under the said scheme. For a pretty long time he kept waiting for the allotment and contacted the opposite party but all in vain. Lastly, he sent a letter to the opposite party but did not get any response from them. Due to non-allotment of any house he was suffering a loss of Rs. 300 per month and till the date of filing the complaint he has suffered a total loss of Rs. 30,000. No response from the opposite party, has caused a mental agony, physical and economic loss to the complainant hence he filed the complaint for payment of compensation of Rs. 30,000 along with legal expenses of Rs. 550 and complaint expenses of Rs. 300.

2. The opposite party-Awas Evam Vikas Parishad opposed the complaint and filed the written statement before the District Consumer Forum. The opposite party admitted that the complainant had made registration for allotment of EWS house in Mathura. His registration No. was MTR/W-116(2). The opposite party controverted all allegations made in the complaint and stated that the complainant was allotted a EWS house No. 4A-510 through draw of lots made on 5.3.1992. Its offer of possession letter No. 170 dated 1.3.1995 was sent to the allotted-complainant at the address of the complainant-allottee as was available in the office record of the opposite party. Another notice vide letter No. 469 dated 26.4.1995 was sent to the complainant for making payment and taking possession. But the complainant did not make any formalities and ultimately, the said allotment was cancelled vide letter No. 535 dated 22.5.1995. The opposite party stated in their written statement that the complainant failed to complete the formalities due to his own carelessness but if he still wants to get the house, he can get renewed his registration after completion of certain formalities. Since that house is not yet allotted to any one, he can get it, otherwise it can be allotted to others in the next allotment draw. Thus, the opposite party pleaded for dismissal of the complaint with costs of Rs. 5,000.

3. After hearing the arguments of the learned Counsels of both the parties the learned District Forum on the ground that the complainant neither deposited the balance cost of the house deliberately nor completed the formalities as required by the opposite party. The learned District Forum also mentioned in its impugned judgment that the opposite party had stated in its written statement that the complainant may complete the formalities after depositing the balance amount. But the complainant did not make any satisfactory effort to get the allotted house while he continued to pursue the complaint case before the Forum for 16 years.

4. The Appeal also has been filed with delay. The Appellant-Complainant has submitted an application for delay condonation along with an affidavit. In the delay condonation application he has stated that he got the copy of the impugned order on 25.10.2011 meanwhile his mother got the paralytic attack and she was hospitalized. He had to look after his mother. He did not make any deliberate delay in filing the Appeal. The appeal was filed on 31.1.2012. Against this delay the respondents have filed the objections. Looking into the circumstances and in the interest of justice the delay in filing the Appeal is cond