1. THIS is an appeal against the order dated 12th February, 1993 in Case No. 203/SC/92 passed by the State Commission, Uttar Pradesh at Lucknow by which the Opposite Party Lucknow Development Authority (for short ''LDA'') was directed to deliver possession of plot No. 23 E/Sector E, Aliganj, Lucknow by 30th April, 1993. It further ordered that the complainant was also entitled to receive interest on Rs. 36,000/- from 1st January, 1985 till the date of delivery of possession to the complainant at 12%p,a. She was also allowed Rs. 1,000/ damages. The facts leading to this appeal are: that the complainant had applied for allotment of a plot of land in Sector B & E of Aliganj Housing Scheme proposed by the Opposite Party LDA after depositing Ps. 9,000/-. In the draw of lots held on 9th May,1984 the appellant was successful in getting an allotment of plot of land in Sector E. Vide letter dated 25th June, 1984 LDA asked the complainant to deposit the remaining cost of the plot of Rs. 27,000/- by 30th August, 1984. The complainant deposited the amount on 1st September, 1984 with interest. However, the possession of the plot was not delivered to the complainant till the filing of the complaint i.e. upto 21st July, 1992.
2. THE Opposite Party, LDA did not put appearance before the State Commission and the State Commission passed the above order ex-parte.
Feeling aggrieved, the LDA has filed this appeal. In the grounds pf appeal it is mentioned that in the year 1984, one Feroz Gandhi Cooperative Housing Society Ltd., had filed a Writ Petition against the LDA claiming title to some portion of the land acquired by the LDA for the development of the Aliganj Housing Scheme. The plot in question in the present appeal falls in the portion which was challenged by the Feroz Gandhi Co-operative Housing Society Ltd. The High Court of Allahabad at Lucknow Bench passed an order for maintaining status quo and thus the possession of the plot could not be delivered to the complainant-respondent.
3. DURING the pendency of this appeal, LDA offered another Plot No. C-4/113 in Bipul Khand of Gomti Nagar Scheme in place of the original plot allotted in Aliganj Scheme. The said offer has been accepted by the complainant respondent as is clear from the written memo produced before this Commission
4. THE grievance of the complainant respondent now is that she had paid the full amount of Rs. 36,000/-before 1.9.1984 and the possession of the plot was not delivered to her till the alternative plot was allotted in October, 1994. During all this interval the cost of construction has escalated too much. When the High Court had passed the said order it was the duty of the LDA to offer her an alternative plot.
We are of the opinion that the grievance of the complainant respondent is genuine. She had deposited the amount in 1984 but she could not reap the fruits of the deposit. This amount has remained with the LDA throughout this period and that Authority has utilised the amount. Considering all these facts, we allow interest as damages to the complainant respondent at 15% p.a. on Rs. 36,000/- from 1.9.1984 till the possession of the alternative plot allotted to the respondent is delivered to her. This appeal is allowed to the extent of the modification indicated above. We make no order as to costs.
