VARANASI DEVELOPMENT AUTHORITY Vs. KUSUM BAJPAI

JUDGEMENT

(1.) THE case called out. None is present on behalf of the Varanasi Development Authority nor his Counsel Mr. Rakesh Prasad is available. On the other hand, Sri N.K. Bajpai husband of the respondent Smt. Kusum Bajpai is present and he has personally put up his arguments on behalf of the respondent.

(2.) ACCORDING to the majority judgment of the two members of the District Consumer Forum, Varanasi the Varanasi Development Authority had to refund the excess amount paid by the complainant while getting the sale -deed in her name executed. The relevant column of the complaint appears to indicate that the complainant was aggrieved of the appellant's demand of Rs. 69,249.30 but since she had to get the sale -deed executed, she deposited the said money and obtained the sale -deed in her favour, transferred the house to Sri Arun Agarwal and eventually filed her complaint for recovery of the aforesaid amount.

(3.) BY virtue of the majority decision the two members directed the Development Authority to deduct its outstanding dues out of the alleged excess money deposited by the complainant and then refund the balance along with 12% interest. In case of there being a default the interest at the higher rate of 15% per annum was payable.