LUCKNOW DEVELOPMENT AUTHORITY Vs. KAMAL KANT DUBEY

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 31.5.1999 passed by District Consumer Forum-II, Lucknow in Complaint Case No.337/98.

(2.) The facts of the case stated in brief are that the complainant is an employee of State Bank of India. He applied for an M. I. G. House No.21, Sitapur Road from Lucknow Development Authority through the State Bank of India Staff Association. The cost of that house was deposited by the complainant on 28.12.1994 but Lucknow Development Authority has not handed over the possession of the house after completing the same. The opposite party in the written version has alleged that on account of opposition by the villagers, the construction work could not be completed. This information was sent to the Bank Staff Association and it was indicated that the house shall be completed soon and the possession will also be delivered.

(3.) The learned District Forum, after considering the case of the parties, held that the above house has been allotted to the complainant without solving the dispute. The allotment of semi-finished house after collecting the entire amount from the complainant amounts to deficiency in service on the part of the Development Authority for not giving the possession of the house complete in all respects. The learned District Forum directed that the house should be completed within six months and the possession of the house be delivered after completing the formalities. It allowed interest at the rate of 18% per annum from 1.1.1996 to be paid within six months. It was also ordered if the possession of the house is not delivered then the complainant will also be entitled to compensation at the rate of Rs.500/- per month and the interest shall be paid at the rate of 24% per annum.