ASHA Vs. GHAZIABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS complaint has been filed under Section 17 of the Consumer Protection Act, 1986 (hereinafter called the Act ) with the allegations that Smt. Asha, complainant applied for allotment of a D -type plot pursuant to the invitation by the opposite party in Govindpuram Plot Scheme in the year 1988. Against the registration amount, a sum of Rs. 7,210/ - vide Bank Draft was paid on 27.10.1988. Vide letter dated 10.2.1989 the opposite party informed the complainant that the complainant has been declared successful in the draw of lot and accordingly the details of the plot allotted were given. The estimated cost of the plot was indicated as Rs. 69,440/ - for the area of 112 sq. mt. in the Scheme Code 539.

(2.) THE complainant made the entire payment of the plot as per payment schedule. It was further alleged that since the entire payment has been made, the Ghaziabad Development Authority was requested to transfer the said plot in the name of complainant Smt. Asha and accordingly the plot was transferred in the name of the complainant. However, the possession of the plot has not been delivered to the complainant. Ultimately, it was alleged, that the husband of the complainant visited the GDA Office several times and made inquiries about the plot allotted. It was informed by the G.D.A. that plot No. D -I25 has been allotted to the complainant on 5.1.2000. When on 6.2.2000 the complainant visited the plot, it was found that one Om Prakash Gupta was constructing his house on the said plot for the last more than one year.

(3.) IT was alleged that the complainant has suffered irreparable loss. The complainant has undergone severe mental agony due to the callous and negligent attitude of the opposite party. Hence a complaint was filed seeking compensation of Rs. 13,25,046/ - as per details given below: