AGRA DEVELOPMENT AUTHORITY Vs. SEEMA MEHRA

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 9.4.2002 passed by District Consumer Forum II, Agra in Complaint Case No. 274 of 1999 which has been filed under Section 15 of the Consumer Protection Act (hereinafter called the Act ).

(2.) THE facts of the case stated in brief are that the complainant applied for allotment of a quarter under HIG scheme in Shastripuram Housing Scheme and the opposite party allotted House No. 7 to the complainant. The entire amount was paid by the complainant as per terms and conditions of the scheme. The complainant according to the terms and conditions, was promised to be handed over the house complete in all respects. However, the opposite party did not hand over possession after completing all the formalities. In the meantime the opposite party enhanced the cost of the house by Rs. 1,20,000/ -. The complainant paid the enhanced cost but even then possession has not been delivered. A legal notice was also serviced by the complainant for refunding the enhanced cost or for handing over possession of the house. Hence complaint was filed before the District Forum for issuing directions.

(3.) THE opposite party filed written statement and accepted the deposit of registration amount as well as lease rent of Rs. 8,942/ -. However, it was alleged that the complainant did not deposit the amounts within the stipulated period. The enhancement of the cost was also the right of the development authority.