LAWS(NCD)-2000-6-125

LUCKNOW DEVELOPMENT AUTHORITY Vs. SHARAD VERMA

Decided On June 20, 2000
LUCKNOW DEVELOPMENT AUTHORITY Appellant
V/S
SHARAD VERMA Respondents

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 24.1.1996 passed by District Consumer Forum, Lucknow in Complaint Case No.335/1993.

(2.) The facts of the case stated in brief are that the complainant deposited with the Lucknow Development Authority a sum of Rs.10,000/- on 30.9.1983 as registration money. Thereafter house No.2/214, Vishwas Khand, Gomti Nagar was reserved in his favour. Thereafter the complainant also deposited a sum of Rs.40,000/- on 27.2.1984, Rs.23,492/- on 25.6.1984 and Rs.16,508/- on 29.3.1985 as cost of the house. In this way Rs.90,000/- was deposited by him. Thereafter on the request of the complainant, house No. C-2/261, Vishwas Khand, Gomti Nagar was allotted in place of old house No.2/214, Vishwas Khand by letter dated 9.7.1986. As house No. C-2/261, Vishwas Khand was previously allotted to some other person, another house No. CH-1/152, Vishwas Khand, Gomti Nagar was allotted to the complainant vide letter dated 29.6.1991. This house was not complete at the time of allotment. Hence refund order of Rs.7,074/- was prepared in favour of the complainant. A sum of Rs.3,600/- was also recovered from the complainant. The possession of the house was given on 27.6.1992.

(3.) The complainant has alleged that the transfer charges were wrongly charged from him. Hence this amount is to be refunded to the complainant. The complainant has spent about Rs.15,000/- for repairing of the house while he has been given a sum of Rs.7,074/- only. Hence he is entitled for further amount of Rs.8,000/-. The complainant has also damanded damages of Rs.15,000/- and interest on the deposited amount as the possession of the house was delivered late which amounted to deficiency in service.