Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Plot allotment - The appellant a potential allottee of the plot though not actual user of service but is capable of using it - Plot could have been allotted to her but for change in policy - The appellant would be a `Consumer' under the definition...........
Plot allotment -- Oustees - Appellant-complainant did not fulfill the income criteria as given in the scheme read with instructions - The amount deposited had already been returned through cheque, which remained undelivered - No deficiency in service - Application filed beyond much beyond time of three years of the acquisition of the land - The appellant held not entitled..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - - Status of the right of the highest bidder - Principles culled out from judicial pronouncements are: (a) the Government/public authority is under an obligation to hold public auction for allotment of land etc. strictly in accordance with the statutory provisions, if any, and or the conditions of auction -..........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Forma pauperis - Mere possession of ornaments or a plot is not sufficient - If property in possession of appellant is not sufficient enough to raise money to pay the requisite court fee, he or she should not be deemed to be possessing sufficient means to pay court fee - Appellant allowed to file appeal as forma pauperis...........
Consumer Protection Act, 1986, Section 23 -- Plot - Late delivery - Interest - Where possession of plot is given at the old rate then party gets benefit of escalation in price of land - In that case interest cannot be awarded...........
Consumer Protection Act, 1986, Section 23 -- Plot - Late delivery - Award of interest at 18% and Rs.5,000/- for mental agony - Possession given at old rate as such complainant gets benefit of escalation in land price - Interest cannot be awarded - Compensation towards mental agony is very low hence interest awarded is liable to be sustained...........
Consumer Protection Act, 1986, Section 23 -- Plot - Late delivery - Escalation in construction cost - Compensation on this count cannot be denied even in absence of proof as judicial notice is to be taken that construction costs have gone up...........
Consumer Protection Act, 1986, Section 23 -- Plot - Late delivery - Interest - Where possession of plot is given at the old rate then party gets benefit of escalation in price of land - In that case interest cannot be awarded...........
Consumer Protection Act, 1986, Section 12, 17 -- Plot - Possession of alternative plot given at old rate - Party gets benefit of escalation in price of land - Interest cannot be awarded on amount deposited - Plot allotted in 1986 and possession given in 2002 - Compensation towards mental agony/harassment and for escalation in cost of construction should have been awarded -..........
Punjab Regional and Town Planning and Development Act, 1995, Section 43 -- Plot allotment - Change in mode of allotment - Allotment of plot for a private nursing home - The mode of allotment by selection was changed to allotment by draw of lots - Held that the State Commission was absolutely justified in holding that it was just a method of allotment of government property..........
