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2019 DIGILAW 931 (SC)

Narendra Kumar Gautam v. Urban Improvement Trust, Kota

2019-03-01

D.Y.CHANDRACHUD, HEMANT GUPTA

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ORDER 1. Leave granted. 2. The dispute centres around the allotment of a house to the appellant by the respondent. It is situated at 143-B, MIG-I, Ram Krishna Puram, Kota. The colony has been developed by the respondent. The appellant moved the District Consumer Forum "District Forum", complaining of a deficiency of service. 3. The District Forum, in its order dated 7 June 2003, recorded that the appellant had deposited an amount of Rs 53,006 on 24 March 2001. The District Forum also observed that the appellant was not aware of the fact that the house which was allotted to the appellant was on a corner plot. On this basis, the District Consumer Forum awarded interest at 18% after adjusting the additional amount of Rs 53,006 which was due on account of the plot being a corner plot. A direction was issued to deliver possession. 4. In appeal, the State Consumer Disputes Redressal Commission "SCDRC" has observed that although it was understood by the District Forum that the appellant had deposited the amount, it was admitted on behalf of the appellant that the amount had not been deposited. Hence, the SCDRC issued a direction to the effect that the appellant shall deposit Rs 53,006 against which possession of the house shall be handed over. However, compensation of Rs 50,000 was awarded, together with Rs 5000 as costs of litigation. 5. The National Consumer Disputes Redressal Commission "NCDRC" set aside the order for the award of compensation of Rs 50,000. In doing this, the NCDRC has observed that, on actual measurement, it was found that the plot which was allotted to the appellant had an additional area admeasuring 32.25 sq. m. Admittedly, this amount was not paid by the appellant despite a communication dated 8 November 2000 of the respondent. In this view of the matter, the direction for the payment of costs of Rs 50,000 has been deleted. 6. We find the reasoning of the NCDRC for deletion of the compensation of Rs 50,000 to be unexceptionable. The appellant was liable to pay the additional sum of Rs 53,006 in view of the plot being found to have an excess area, over and above what was indicated in the letter of allotment, after actual measurement. Having failed to pay this amount, the appellant was not entitled to compensation. The appellant was liable to pay the additional sum of Rs 53,006 in view of the plot being found to have an excess area, over and above what was indicated in the letter of allotment, after actual measurement. Having failed to pay this amount, the appellant was not entitled to compensation. The appellant has since paid the additional amount of Rs 53,006 on 24 December 2015. Hence, the respondent shall deliver possession of the disputed house bearing No.143-B, MIG-I, Ram Krishna Puram, Kota, no later than within a period of one month from the receipt of a certified copy of the order. 7. The appeals stand disposed of in the above terms. No costs. 8. Pending application, if any, stands disposed of.