UTTAR PRADESH AVAS EVAM VIKAS PARISHAD vs JANG BAHADUR SINGH

THIS is an appeal against the judgment and order dated 17.5.2002 passed by District Consumer Forum, Farrukhabad in Complaint Case No. 464/1998.

A complaint was filed under Section 12 of the Consumer Protection Act (hereinafter called ''the Act'') with the allegations that on invitation being offered by Avas Evam Vikas Parishad for allotment of accommodation registration money of the amount of Rs. 3,750/- was deposited by the complainant for allotment of a house but no allotment was done by the appellant. Aggrieved by it that the allotment was made to some other person a complaint was filed. The District Forum vide its order dated 17.5.2002 mentioned above passed the impugned order.

Aggrieved against the same the present appeal under Section 15 of the Act has been filed by the appellant.

WE have heard Mrs. Manju Lata Misra for appellant and Mr. R.K. Gupta for respondent and perused the record very carefully. Mrs. Manju Lata Misra argued that the District Forum has committed error by awarding compensation and awarding interest @ 18% whereas as per rules and regulations of the appellant that in case of refund of registration money if the allotment of accommodation is not done, only 6% interest is supposed to be paid by the appellant and as such it was submitted that contrary finding recorded by the District Forum is wrong and against the law.

MR. R.K. Gupta Counsel for the respondent submitted that the District Forum did not commit any error of law in awarding compensation as the volume of inconvenience was caused to the complainant. It is true that in the instant case the respondent deposited the registration money worth Rs. 3,750/- in the year 1989 but accommodation was provided to the others in 1992. In the allotment proceedings the complainant was not successful. Therefore, he could not have successfully claim for allotment of house and what was open to the complainant was to have get back his money along with interest as per rules and regulations of the appellant. The appellant is statutory body and it is being guided and regulated by the Uttar Pradesh Avas Evam Vikas Parishad Bhukhando Tataha Bhawano Ka Pankikaran Sambandhi Viniyam, 1979, which has been framed under Section 95 of the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965. In view of Regulation 13 the appellant is under obligation to pay interest only @ 6% in case of refund of money and the learned District Forum while upholding the claim of the complainant should have awarded only interest @ 6%. To that extent the order needs modification even in the opinion of the Bench the order awarding compensation of Rs. 20,000/- and damages does not need survival and to that extent the order is to be set aside.

THE complainant''s money is lying with the appellant unrefunded since 1989 and as such order for refund of the amount along with interest @ 6% interest is necessary. However, in case if the registration money along with interest @ 6% is not paid within two months hence forth the rate of interest shall be 9%.

MRS. Manju Lata Misra has also raised plea that the complainant is not consumer under the definition of Section 2(d) of the C.P. Act. Since the order on merit has already been set aside there is no need to go into second argument raised by MRS. Misra. ORDER The appeal is allowed in part. The judgment and order dated 17.5.2002 is set aside to the extent of awarding damages and compensation of Rs. 20,000/- and the rate of interest 18% is struck out and rate of interest will be 6%. There is no order for cost. In case registration money along with interest @ 6% is not paid within two months from today the rate of interest will be 9%. Let a copy of this order be made available to the parties as per rules. Appeal partly allowed.