VIJAY GAUTAM Vs. GHAZIABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 5.5.2008 passed by the District Consumer Forum, Ghaziabad. By means of the impugned judgment the complaint of the appellant Mr. Vijay Gautam, Advocate was partly allowed with a direction to the respondent Ghaziabad Development Authority to refund the appellant/complainant's money amounting to Rs. 5,000 with interest @ 9% per annum. The appellant felt aggrieved of the said judgment as the main relief he has sought for by filing his complaint was for cancellation of the allotment order issued earlier in his name in respect of Plot No. 4/242 -B, Vaishali, Ghaziabad and for revival of the allotment with delivery of possession of course on his willingness to pay its price.

(2.) BRIEFLY stated, the complainant initially applied for allotment of a house in the Vaishali Residential Scheme of Ghaziabad Development Authority but submitted his revised request for allotment of a plot in place of the house and the same was granted with allotment of Plot No. 4/242 -B in the same residential scheme.

(3.) THE Development Authority contested the complaint merely on the ground that Sri Vijay Gautam himself was to blame for the delay in payment of the instalments as scheduled in its letter dated 12.3.1996. The complainant was warned of cancellation of his allotment order in case default persisted but he did not bother either to come forward and ask for any help or make the payment. It was in these circumstances that the cancellation order dated 18.3.2002 was issued.