The ruling came in favour of Samad Kanwar, widow of ex-serviceman Dalpat Singh from Eka village in Pokaran tehsil. Kanwar had been allotted Plot No. 671 in Sector M of the Vivek Vihar scheme under the soldier’s widow quota through a lottery on 9 September 2011. However, JDA officials mistakenly entered a male name “Samandar Singh Bhati” in the computer records, blocking the issuance of her allotment letter.
Despite her application for correction a day later, no action followed. For 14 years, Kanwar repeatedly approached JDA seeking rectification, but the authority neither corrected the error nor refunded her Rs 5,000 registration amount. She eventually filed a complaint before the District Consumer Commission in September 2022.
While the District Commission acknowledged lapses by JDA, it dismissed the complaint on limitation grounds. The State Commission disagreed, ruling that the case involved a continuous cause of action, as no corrective measures or refund were provided. It cited precedents including the Supreme Court’s 2022 judgment in Samriddhi Cooperative Housing Society Ltd. vs. Mumbai Mahalakshmi Construction Pvt. Ltd. and the State Commission’s 2022 decision in Ugma Devi vs. JDA.
The Commission rejected JDA’s argument that Kanwar was ineligible because her husband died after retirement, clarifying that widows of retired soldiers are entitled to reservations under the scheme. It held that justice cannot be denied due to technicalities when the complainant was not at fault.
JDA has been ordered to issue an allotment letter for the originally allotted plot or provide an alternative plot of the same size in the same or similar scheme, at 2011 rates. The authority must also pay Rs 30,000 as compensation.
.jpg)
.jpg)
