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2003 DIGILAW 13 (UTT)

U. P. Avas Vikas Parishad v. Rakesh Kumar Singh

2003-03-04

K.D.SHAHI, LUXMI SINGH, SURENDRA KUMAR

body2003
JUDGMENT 1. Heard the learned Counsel for the parties and gone through the records. The respondent Sh. Rakesh Kumar Singh has deposited a sum of Rs. 1,000/- on 27-04-87 for a plot. The plot was not given to him. He filed a complaint before the Forum which was allowed. The amount of deposit alongwith 18% interest was directed to be refunded, besides, a sum of Rs. 2,000/- and a cost of Rs. 500/- was also awarded. Again, this order and appeal has been filed by Uttar Pradesh Avas Vikas Parishad. It is alleged that a sum of Rs. 1,000/- as registration money and Rs. 770/- as interest have been refunded to the respondent in March 2002 . Now the question is in appeal No. 117/2002 U.P. Avas Vikas Parishad v. Rakesh Kumar Chauhan, where also a sum of Rs. 1000/- was deposited by the petitioner on 29-04-87. The Forum has allowed 18% interest, Rs. 2,000/- as compensation and Rs. 500/- as cost. The judgment has been upheld by this Commission on 24-10-2002. It was argued that the facts of both the cases are similar. The date of depositing the amount of deposit, the date of judgment of the learned Forum with a few days difference is said to be the same. The counsel for the Avas Vikas Parishad referred the judgment of this court dated 4-12-2002, U.P. Avas Vikas Parishad v. Man Mohan Sharma 1, wherein the amount of compensation has been set aside. The facts of both the cases i.e., of Rakesh Kumar Singh and that of Man Mohan Sharma are different. In the case of Man Mohan Sharma, the compensation allowed is Rs. 15,000/- whereas in the case of Rakesh Kumar Singh, it was merely Rs. 2,000/-. In the case of Man Mohan Sharma, the interest allowed was 15% whereas in the case of Rakesh Kumar Singh, it was 18% Man Mohan Sharma has himself contested the case and argued the case whereas in the case of Rakesh Kumar Singh, a lawyer has been engaged to whom the appellant has to pay fee. The amount of compensation was also negligible, whereas in the case of Man Mohan Sharma the compensation was too high. In these circumstances, the facts of the case of Rakesh Kumar Chauhan are more similar to the facts of the present case under appeal. The amount of compensation was also negligible, whereas in the case of Man Mohan Sharma the compensation was too high. In these circumstances, the facts of the case of Rakesh Kumar Chauhan are more similar to the facts of the present case under appeal. This appeal is decided in the light of the judgment of appeal No. 117/2002, U.P. Avas Vikas Parishad v. Rakesh Kumar Chauhan decided on 24-10-02. ORDER 2. The appeal is dismissed. The claimant has already received a sum of Rs. 1,770/-. It is, therefore, directed that the order of the learned Forum, if executed, the amount already received by the complainant shall be adjusted. Since, the complainant has received his principal money alongwith some interest, it is proper that both the parties should bear their own cost of this appeal. Appeal dismissed. *******