LUCKNOW DEVELOPMENT AUTHORITY Vs. ASHWANI KUMAR SEHGAL

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 10.11.1996 passed by District Consumer Forum, Lucknow in Complaint Case No.167/1994.

(2.) The facts of the case stated in brief are that the complainant deposited a sum of Rs.10,000/- as registration amount in September,1990. This amount was deposited for a house in Viram Khand V, Gomti Nagar Housing Scheme. Thereafter the complainant deposited another sum of Rs.10,000/- as allotment money. The complainant was allotted house No.5/715 in Viram Khand V. At the time of allotment, the approximate cost of the house was indicated as Rs.1,50,000/-. The complainant deposited the amount in due course of time. By letter dated 21.1.1994, Lucknow Development Authority intimated the final costing of the house at Rs.1,90,500/-, thus enhancing the cost by Rs.40,500/-. The complainant deposited this amount also, but he has not been given possession so far. The complainant has prayed that the enhanced cost be not realised from him and be struck off. The complainant has also prayed for damages and interest on the amount deposited by him. He has also prayed that the possession of the house be directed to be given to him at the earliest.

(3.) The opposite party admitted allotment of the house and deposit of the amount. It alleged that the cost of the house has been increased on account of the increased cost of inputs. According to opposite party, the enhanced amount has not been deposited inspite of intimation. Hence the possession could not be delivered and the registration also could not be got done in favour of the complainant.