LAWS(SC)-2024-9-12

DHARMENDRA SHARMA Vs. AGRA DEVELOPMENT AUTHORITY

Decided On September 06, 2024
DHARMENDRA SHARMA Appellant
V/S
AGRA DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) Civil Appeals 2809-2810 of 2024, by the appellant filed under Sec. 23 of the Consumer Protection Act, 1986(CPA, 1986), read with Order XXIV of the Supreme Court Rules, assail the correctness of the final judgment and order dtd. 15/9/2023 passed by the National Consumer Disputes Redressal Commission(NCDRC) in CC No.600/2020 as also the order dtd. 30/10/2023 passed on the Review Application No.335/2023. By the aforesaid orders, the NCDRC allowed the CC No.600/2020 partly to the extent that it directed refund of the entire amount deposited by the Complainant (appellant) (except non-judicial stamp paper worth Rs.3,99,100.00 deposited on 15/2/2014) along with interest @9% p.a. from the date of the complaint i.e. 11/7/2020 till the date of refund within a period of two months from the date of the order.

(2.) Further, Civil Appeal No. 6344 of 2024 has been filed by the Agra Development Authority(ADA) assailing the correctness of the same judgment of the NCDRC dtd. 15/9/2023 partly allowing the complaint.

(3.) The appellant -Dharmendra Sharma had applied for allotment and purchase of an apartment (residential flat) in the category of Super Deluxe 2 on 28/7/2011 and had deposited the booking amount of Rs.4,60,000.00 along with the application. This application was submitted pursuant to an advertisement issued by the ADA for a group housing project lodged in the name of ADA Heights, Taj Nagari, Phase II at Fatehabad Road, near Taj Express Way, Ring Road, Agra. The allotment was done by lottery system on 29/8/2011 whereby the appellant was allotted Flat No.DT-1/1204 which was communicated vide letter dtd. 19/9/2011, according to which the tentative price of the apartment was Rs.56,54,000.00 which could be deposited in 24 equal quarterly instalments or could be paid in full with certain other relaxations. The appellant, opted for full payment and accordingly vide letter dtd. 21/10/2011, attached two cheques, one by the appellant of Rs.6.94 lakhs and the other of Rs.45.00lakhs issued by the LIC Housing Finance Limited. Possession was to be given within six months under the scheme.