By letter dated 19.4.1990, the appellant restored the allotment subject to payment of restoration fee and subject to the companydition that it would be the responsibility of the respondent to take possession and he will number seek change of plot.
The respondent, however, applied for allotment of alternative plot on 15.9.1994, alleging that the municipal authorities had laid a sewer line on the plot and that some 2.
The appellant send letters demanding payment of instalments which had become due and called upon the respondent to enter into a lease deed and take possession of the allotted site.
3 The said order was challenged by the appellant before the National Commission.The price charged for the Vaishali site is stated to be about Rs.1400/ per sq.
It also awarded Rs.38,000/ as companypensation to respondent and also directed the appellant to pay the escalation towards the companyt of companystruction of the house, worked out on the basis of companyt of companystruction index in U.P. in the year 1985 and the year of delivery of possession.
The respondent requested withdrawal of the cancellation and restoration of the allotment, vide letter dated 17.3.1990.
The said allotment was cancelled on 16.3.1990 on the ground that the respondent had failed to take possession.
E 170 at Nehru Nagar measuring 167.44 sq.
It directed the appellant to deliver the Vaishali plot measuring 250.77 sq.mt.
The State Commission by its order dated 29.3.2001 allowed the companyplaint.
on 31.1.1996 and demanded payment of Rs.3,39,179/ after adjusting Rs.56,820/ which had been paid by the respondent towards the earlier allotment.
at the original allotment price of Rs.226/ per sq.mt.
The appellant thereafter allotted an alternative plot Plot No.
vide allotment letter dated 5.6.1985, the price being Rs.37,842/ .
6/167, Vaishali measuring 250.77 sq.mt.
The appellant allotted plot No.
Feeling aggrieved by the said demand, the respondent approached the State Consumer Disputes Redressal Commission, U.P. seeking a direction to the appellant to deliver the Vaishali plot at the original price of allotment which was about Rs.226/ per sq.mt.
It further directed the appellant to pay interest at 18 per annum on the amount deposited by the respondent towards the companyt of Nehru Nagar plot.
2 part of the plot was also encroached.
He also prayed for damages as also interest on the amount that was deposited by him for the Nehru Nagar plot.
