G D A Vs. HARNAM SINGH

JUDGEMENT

(1.) This is an appeal against judgment and order dated 22.6.1998 passed by District Consumer Forum, Ghaziabad in Complaint Case No.234/1997.

(2.) The facts of the case stated in brief are that the complainant deposited sum of Rs.13,000/- on 24.7.1991 in Hastinapuram Scheme for allotment of a plot. By letter dated 10.8.1992 a plot was reserved for the complainant in which the payment schedule was also given. In pursuance of the schedule of payment the complainant deposited a sum of Rs.1,49,500/- towards the cost of the plot. Inspite of the deposit of the entire amount, the opposite party has not handed over the possession so far. Hence the complainant requested for refund of the amount deposited by him alongwith interest. The amount has been paid but the interest has not been paid to him so far. The complainant has also claimed Rs.50,000/- as compensation and Rs.2,000/- as cost.

(3.) The opposite party has admitted the allotment of a plot but has alleged that as the amount has been given back hence the complaint cannot be filed by him. The contract which was entered into between the parties has been broken by the complainant. Hence he is not entitled for any relief.