National Consumer Forum Decision Against BDA

National Consumer Forum DecisionAgainst BDA

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Here is astory of a common man who successfully fought against the whims of BangaloreDevelopment Authority. Sri. Godapal Babu was excited, when he received a siteallotment letter from BDA. At last after six attempt he had his dream realized.He had applied for an allotment of site on six occasions, under stategovernment employee category as well as general public category. But hishappiness was shortlived as the BDA send a cancellation letter that too withoutassigning any reason. Many trips to BDA office proved futile to know the reasonfor cancellation. Sri. Godapal Babu approached district consumer forum whichpassed orders in favour of complainant. District consumer forum held that sum of total of all attempts made under all and every category under BDA (allotment of sites) rules 1984 should be treated as attempt for arriving at allotting the sites. As usual BDA challenged the order and approached state commission where the verdict went in favour of Godapal Babu. BDA a went in appeal to national commission. The allotment of sites is guided by four parameters prescribed in BDA (allotment of sites) rules 1984, martial status of the applicant, income of the applicant, number of attempts made, and whether any land of the applicant is acquired by BDA. Both the district forum and state commission felt that all attempts, irrespective of the category should form the basis for allotment, whereas BDA maintained that the number of attempts in each category should be the basis of allotment of sites. 

National commission has to decide whether the total number of attempts in all categories are attempts under each category separately should form the basis of allotment. Relying on judgement of Hon. Supreme Court, in case of Lucnow Development Authority VS MK Guptha, in national commission held that more liberal interpretation of rules need to be given by statutory authorities, while dealing with common man.

Upholding the decision of the lower forums the NC has said that a plain reading of the BDA ules makes it clear that at best it is silent on the point that number of attempts to be read in each category separately or altogether. So when the lawis silent on a point, the benefit will go to the complainant. Further the NChas held that cancelation of allotment with-out sufficient ground is certainlya deficiency.

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