AFR / NAFR CHHATTISGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION PANDRI, RAIPUR Date of Institution: 28/02/2025 Date of Final Hearing: 31/10/2025 Date of Pronouncement: 28/11/2025 APPEAL No.-SC/22/FA/114/2025 IN THE MATTER OF :

Nagar Palik Nigam Korba through its Aayukt, Nagar Palik Nigam Korba, Saket Bhavan, Korba, Tah. & Dist. Korba (C.G.) … Opposite Party/ Appellant Through: Shri Abhishek K. Singh, Advocate Vs.

Smt. Saroj Tiwari, W/o. Shri Ashok Kumar Tiwari, H. No.MIG-23, R.P. Nagar Phase – 1, Korba, Tah. & Dist. Korba (C.G.) … Complainant/ Respondent Through: Shri Amishan Hussain, Advocate CORAM: -

HON’BLE SHRI JUSTICE GAUTAM CHOURDIYA, PRESIDENT HON’BLE SHRI PRAMOD KUMAR VARMA, MEMBER PRESENT: -

Shri Abhishek K. Singh, Advocate for the appellant.

Shri Amishan Hussain, Advocate for the respondent.

O RD E R

PER: - JUSTICE GAUTAM CHOURDIYA, PRESIDENT This appeal, under Section 41 of the Consumer Protection Act 2019 (hereinafter called “the Act” for short), is preferred against order dated 30.12.2024 passed by District Consumer Disputes Redressal Commission, Korba (CG) (hereinafter called “District Commission” for short) in Complaint Case No.CC/2021/65 whereby the complaint was allowed directing the opposite party / appellant herein to complete the development works of basic facilities in the said disputed plot allotted to the complainant/ respondent herein and to complete the remaining process of allotment in a proper manner, receive the original and actual amount of the plot and cancel the remaining proceedings. Apart from that to pay Rs.50,000/- (Rupees fifty thousand only) as mental compensation, Rs.50,000/- (Rupees fifty thousand only) as financial compensation and Rs.5,000/- (Five Thousand) as cost of litigation to the complainant/ respondent within 30 days from the date of the order, failing which the opposite party / appellant will have to pay interest @ 9% p.a. from the date of order till the date of payment.

2. Briefly stated the facts of the case are that indisputably, the complainant / respondent offering highest bid of Rs.17,15,000/- for open plot No.20 under Ravishankar Shukla Nagar Korba, IDSMT scheme, of the opposite party / appellant, won the bid, which was accepted by the Government and allotment letter in her favour was issued on 19.09.2011. Out of her highest bid amount of Rs.17,15,000/- she deposited a total amount of Rs.7,15,000/- with the opposite party / appellant and only Rs.10,00,000/- remained to be paid. On 26.03.2012 the office of the opposite party / appellant issued a letter regarding deposit of balance amount of bid, which was replied by the complainant/ respondent stating that the amount will be deposited after completion of basic amenities and demarcation of plot but no information about execution of development work was given by the opposite party / appellant nor demarcation was done. Thereafter, the opposite party / appellant on various occasions sent letter dated 11.01.2011, 03.01.2012, 24.02.2012 and 26.03.2012 Exhibits OP-

5, 6, 7 and 8. as final notice for the payment of the remaining amount.

3. On 30.07.2020 the complainant/ respondent addressed a letter to the Office of the opposite party / appellant seeking necessary information and requesting completion of development works and demarcation of Plot No.20 within 7 days and expressly stipulated that the balance amount would be paid only upon completion of basic amenities in the vicinity of the said plot and proper demarcation of the plot. But the opposite party / appellant vide letter dated 10.06.2021, Exhibit NC-6 alleging delay in payment of the outstanding amount of Rs.10,00,000/-, unilaterally calculating and imposing late fees and interest @ 18% p.a., contrary to the provisions of the CPC, demanded a total sum of Rs.26,46,586/- from the complainant/ respondent. Alleging the above act of the opposite party / appellant as deficiency in service, complaint was filed before the District Commission seeking direction for cancellation of de