ANIL KUMAR AGARWAL Vs. GHAZIABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE present appeal is filed by the appellant/complainant Anil Kumar Agarwal against the respqndent/oppositc party Ghaziabad Development Authority. Ghaziabad, in which the order dated 2.1.1998 passed by the District Consumer Forum, Ghaziabad in complaint case No. 540/1996, whereby the complaint of the complainant is dismissed on merit, has been challenged.

(2.) BRIEFLY stated the facts of the case are that the complainant filed a complaint before the District Consumer Forum, Ghaziabad on 27.6.1996 after payment of Rs. 4,21,763 and taking possession of the house with the allegation that the possession was due on 28.2.1994 and the same was provided with delay on 17.1.1995. It was also complained that there was no sewer line, water line, electricity, road and park. etc. available in the scheme of the house allotted to the complainant, on account of which the appellant has to undergo mental agony and also occurred the losses. It was also complained that for no construction of boundary wall and some inherent defect in the house the complainant is entitled the damages to the tune of Rs.70,000 along with interest @ 21 % p.a. The complainant had also challenged the cost of the house saying thereby that the cost of the house was fixed to the tune of Rs.4.21,763 which was subsequently enhanced to the tune of Rs. 5.27,028. Thus the appellant by way of complaint case claimed an amount of Rs. 1,05,000 on account of lack of amenities, Rs. 70,000 towards repairs and Rs. 15,000 towards mental and physical discomfort.

(3.) THE respondent/opposite party appearing before the District Consumer Forum raised objection regarding maintainability of the complaint before the District Consumer Forum that providing amenities was not pre -condition for offer of possession and there was no contract executed between the parties regarding providing of electricity and telephone connection.