RAMESH KUMAR DUA Vs. GHAZIABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS is a complaint filed under Sec.17 (1) (a) (i) of the Consumer Protection Act, 1986 (hereinafter referred to as "the Act" ). Briefly stated, the case of the complainant is that the complainant had booked a flat in the Self Finance Scheme advertised by the O. P. and had deposited a sum of Rs.25,020/ - on 27.7.1991 in the O. P. 's authorised Bank i. e. , Oriental Bank of Commerce, Laxmi Nagar Branch, Delhi -110092. Thereafter the complainant was allotted a flat/house under the "hastinapuram Housing Scheme -Ashirawad Expandable Houses" at Ghaziabad vide allotment -cum -demand letter dated 20.2.1992. The complainant paid the instalmen as demanded from timetotime and in all deposited an amount of Rs.2,50,018/ - with the O. P. against receipts/challans. On repeated inquiries as to the progress of construction, the complainant came to know that the scheme in question had been abandoned by the O. P. The said fact was thereafter confirmed by the O. P. 's letter dated 8.3.1996 whereby the complainant was required to surrender all the original documents, cash receipts/challans, demand letters, etc. for taking the refund from the O. P. However, it was only after protracted correspondence that the complainant received the refund of Rs.2,83,520.95 only towards the principal amount, as well as interest @ 5% p. a. upto March, 1996.

(2.) THE complainant aggrieved by the quantum of interest paid by the O. P. as well as loss suffered on account of deficiency in service on the part of the O. P. filed the present complaint praying for directions to the O. P. to pay a sum of Rs.9,81,805/ - (as detailed in para 11 of the complaint towards interest, compensation and cost) together with interest @ 18% p. a. from the date of filing of the complaint till realisation of the amount.

(3.) O . P. in its reply/written version filed before this Commission has raised a number of preliminary objections, including the objection that this Commission has no territorial jurisdiction to entertain the present complaint.