MUSSORRIE DEHRADUN DEVELOPMENT AUTHORITY Vs. THE STATE COMMISSION FOR REDRESSAL OF CONSUMER DISPUTES AND ORS.

JUDGEMENT

(1.) THE Petitioner has filed the present writ petition questioning the order of the Consumer Forum as well as the Appellate Authority under the Consumer Protection Act, 1986. The facts leading to the filing of the writ petition is that the Petitioner, i.e., Mussoorie Dehradun Development Authority, floated a housing scheme known as Nehru Puram and Indira Puram Housing Scheme for providing houses to middle income group, higher income group and lower income group. Advertisements were made and applications were invited through brochures. In this scheme, it was indicated that the possession of the constructed house would be given within two years. The Respondent Nos. 3 to 41 are those persons who had applied under the scheme.

(2.) IT is alleged by the Petitioner that for the aforesaid project, the Petitioner had to apply for loan from HUDCO which was sanctioned and, based on the amount released, the construction was started. It was also alleged that because of the delay in the release of the loan amount, there was a delay in the execution of the project. Further, delay happened because the area in question was a low lying area and the land had to be filled up. Further, high tension wires were going over the land which was required to be removed and, accordingly, there was a delay in the execution of the project. It has been stated that the Respondents were given possession sometimes in the year 1993 but after a period of two years.

(3.) THE Petitioner, being aggrieved, filed an appeal which was dismissed by an order dated 20th April, 1997. The Petitioner, thereafter, has filed the present writ petition.