This appeal is directed against the impugned order dated 29th May, 2012 passed by the National Consumers Disputes Redressal Commission, New Delhi for short the National Commission in First Appeal No.42 of 2012, whereby the appeal filed by the appellant Kanpur Development Authority hereinafter referred to as Authority against the order of the State Consumer Disputes Redressal Commission, Uttar Pradesh, Lucknow hereinafter referred to as the State Commission dated 14th October, 2011 was dismissed.
Pursuant to the guidelines dated 31st October, 1992, the respondents filed an affidavit on 18th August, 2005 before the appellant Authority, that if in giving the possession of the allotted plot, any delay is caused in land acquisition or judicial processes or due to the number completion of the companytract within the prescribed time or due to any other unavoidable reason, then they shall number be having any right to claim damages.
The respondents thereafter filed a Writ Petition No.27893 of 2006 before the Allahabad High Court wherein the High Court by order dated 23rd May, 2006 directed the appellant Authority to decide the representation application of the respondents within three months.
In response to an advertisement issued by the appellant Authority in the year 2005 for sale of various plots by auction pursuant to the Kakadeo Scheme, the respondents being interested to purchase one of the plots bearing Plot No.6 in Block M admeasuring 1364.15 sq.mtr.,
D/605/JointSecretary ZoneNo.2 /2005 06 dated 20th August, 2005 whereunder the premium of the said plot was fixed at Rs.11,700/ per sq.mtr.
They were informed that the remaining 3/4th of the premium was to be paid in four quarterly installments alongwith 15 of the interest while the amount of the first installment was Rs.32,76,623/ , payable on 1st October, 2005.
on account of accrued interest 1.5 per mensum on Rs.1,53,62,528/ from the date of deposit till its refund alongwith pendent lite and future interest thereon 1.5 per mensum be awarded to the petitioners against the opposite party.
It was immediately companyveyed by the appellant Authority to the auction purchasers respondents and for the said reason the orders of allotments were cancelled by the appellant Authority.
After the receipt of the amount, the respondents filed a Complaint No.25 of 2007 before the State Consumer Disputes Redressal Commission, Uttar Pradesh, Lucknow for the following reliefs A sum of Rs.32,49,174.67p.
That thereafter companying to know of the order, the appellant checked for the records wherein it was found that numbernotice has been received in the matter.
In paragraph 3 of the appeal the appellant Authority made the following statement That the impugned order was passed on 14.10.2011.
Before giving possession of the plot to the respondents, in a civil proceeding, the Civil Court, Kanpur issued a temporary injunction.
A sum of Rs.10,00,000/ being damages on account of breach of companytract may also be awarded to the petitioners against the opposite party.
As the respondents were successful as the highest bidders, they were allotted the aforesaid plot vide a letter No.
Against the aforesaid ex parte order of the State Commission, the appellant Authority preferred a First Appeal No.42 of 2012 before the National Commission after a delay of 69 days.
Thereafter on 26.11.2011, the office was directed to trace the record of the file.
The price of the said plot was fixed by the appellant Authority at Rs.8,000/ per sq.mtr.
The State Commission had therefore decided to proceed ex parte against the respondent.
A sum of Rs.25,000/ being companyt of litigation incurred by the petitioners in the present case before 4th A.C.M.M. Kanpur Nagar and the Honble High Court of Judicature at Allahabad and present petition may also be awarded to the petitioners against the opposite party.
Earlier, the respondents in their affidavit filed before the appellant Authority stated that they were ready to accept all the terms and companyditions in the allotment of the plot.
Leave granted.
with a companydition precedent to deposit Rs.11,00,000/ as registration fee.
participated in the auction.
