DARSHAN RANI Vs. GHAZIABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) It appears that the applicant applied for a ground floor flat in Indrapuram Phase II in pursuance of a scheme launched by and on behalf of the respondent Authority. A sum of Rs. 9,220.00 towards registration charges was paid along with the application. The applicant was allotted Registration No. 56234C101 in respect of a house reserved for her vide letter dated 15.12.1989. The applicant was also asked to pay the estimated price of the house in six instalments as indicated therein. The payments were made on the following dates as overleaf : <FRM>JUDGEMENT_77_CPJ1_2001_1.html</FRM>

(2.) Thereafter a house No. 1/326, Shaktikhand, Indrapuram was allotted to her vide letter dated 17.11.1993. She also paid a sum of Rs. 15,900,- and Rs. 3,048.00 towards Lease Rent as demanded. The possession of the house was however not taken on the ground that there were certain deficiencies in the construction of the allotted house. These deficiencies were indicated in her various letters as written to the respondent from 1995 onwards. In absence of any response from the respondent the applicant approached the Commission for refund of Rs. 10,750.00 with interest at the rate of 18% per annum thereon till the possession of the house is handed over. In addition cost of Rs. 10,0007- towards the expenses as well waiver- of Chowkidar charges as demanded by the respondent were prayed for.

(3.) In response to the notice issued, in reply thereto the respondent refuted charges levelled against it. As contended, the applicant had not taken delivery of the house since 1995 when in similar circumstances the other allottees had taken over the possession of their allotted houses in the same sector. The period of two and a half years as indicated in the Brochure is only "expected period of completion" and the cost of construction indicated therein is a tentative one subject to revision. Otherwise too, the cost of construction is dependent on various factors like the availability of land, timely payment of instalments by the allottees etc. etc. As per terms of the agreement, no interest is payable on the deposits made by the applicant in case of surrender of allotment by the applicant. On the facts as contended, the applicant is not entitled to any compensation for the reason that no charge of unfair trade practice on the part of the respondent has been established. On completion of pleadings, the following issues were framed :