Mohan Singh vs Ghaziabad Development Authority

THIS case arises out of the Complaint lodged by the Complainant before District Forum, Ghaziabad for compensation for not giving possession over a plot. The admitted facts of the case are that the Complainant applied for allotment of a plot. It is also not in dispute that a sum of Rs. 53,694/- was paid by the Complainant to the opposite party representing the price of a plot. After deposit was made the G.D.A. allotted a plot to the opposite party but later on it was noticed that another person was already in possession of the plot. The G.D.A. offered another plot to the Complainant in Govindpuram Housing Scheme in place of plot No. III K-97, Nehru Nagar Colony. The Complainant was informed about the said change. It is also not in dispute that the complainant refused to accept a plot in Govindpuram Housing Scheme and again prayed for allotment of plot in Vaishali, Raj Nagar Housing Scheme. The case of G.D.A. is that it has plots only in Govindpuram Housing Scheme. The G.D.A. is ready and willing to allot a plot in the said scheme whenever the complainant desires.

THE pleadings of the parties indicate that opposite party allotted a plot but since an unauthorised person had taken possession over the house, the opposite party offered a plot in Govindpuram Housing Scheme. On the basis of facts set out above, the question arises for our consideration is whether the Complainant is entitled to claim from opposite party delivery of possession over plot Nehru Housing Scheme.

After examining the contentions raised by the parties it is clear that the opposite party, under agreement between the parties is required to allot a plot to the Complainant on payment of certain amount. The agreed amount namely Rs. 53,694/- has been paid by the Complainant to the opposite party and at one stage a plot in Nehru Housing Scheme was allotted to him. If for any reason the G.D.A. is unable to give possession over the allotted plot that will not furnish Complainant with cause of action for allotment of plot in Nehru Scheme. If for justifiable reason the G.D.A.. is unable to hand over possession over the plot in Nehru Housing Scheme, the opposite party is justified in offering plot in another scheme. In the circumstances of the instant case, the Complainant can not claim allotment of plot in Nehru Housing Scheme. The G.D.A. has offered a plot of Govindpuram Housing Scheme which is not acceptable to the Complainant. Having regard to the facts that have emerged from the pleadings of the parties all that the opposite party has agreed with the Complainant is that a plot will be allotted to him. If the G.D.A. is unable to allot a plot in a particular scheme, the Complainant can not insist on that allotment of a plot be made on the basis of the choice in respect of particular scheme.

IN our opinion the insistence on the part of the Complainant is wholly uncalled for. For reasons stated above, we direct that it will be open to the Complainant to accept a plot in Govindpuram Housing Scheme as offered by the opposite party and if this offer is not acceptable to the Complainant, then the Complainant is entitled to return of amount paid by him namely Rs. 53,694/- alongwith interest on the said amount at @12% per annum from the date of offer of plot in Govindpuram Housing Scheme to the date when the amount actually is paid to the Complainant.

7.THE Complaint is decided in the manner indicated above. Complaint decided.