JODHPUR: The State Consumer Commission, Jodhpur Bench, has passed an order against Jodhpur Development Authority (JDA) stating that allotting an encroached plot constitutes a deficiency in service. Additionally, charging a higher price from the consumer for an alternative plot is an unfair trade practice. The commission has also ordered the refund of the excess amount charged from the consumer.
The commission, overturning the order of the District Commission, has also directed JDA to refund Rs 3,51,781 to the appellant along with interest.
Appellant Jetharam Lohia had filed an appeal against the dismissal of his complaint by the District Consumer Commission, Jodhpur (Second) stating that he had applied for a plot in the Ramraj Nagar scheme, designated for advocates, by paying Rs 35,000. After receiving allotment letter in May 2018, when he visited the site, he found his plot encroached upon, which he brought to the notice of JDA and requested an extension of the payment deadline.
On this, he was allotted another plot but with a lesser size. The allotment letter for the new plot was issued more than a year later, wherein he noticed that the reserved price remained same at Rs 5,940 per square metre but the allotment price was increased by 10%, as a result of which, the complainant had to pay an excess amount of Rs 3,51,781.
The complainant, though, deposited the amount but filed a complaint with the District Commission against the excess charge, which was dismissed. Subsequently, he appealed the decision before the State Commission.
Judicial member Nirmal Singh Medatwal and member Liaqat Ali of the bench, rejected the argument of JDA that since the complainant deposited the plot amount late, interest and penalty charges were duly collected and hence, it did not engage in any unfair trade practices.
