GHAZIABAD DEVELOPMENT AUTHORITY Vs. MOHAN LAL AGARWAL

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 13.10.1997 passed by District Consumer Forum, Ghaziabad in Complaint Case No.315 of 1996.

(2.) The facts of the case stated in brief are that the complainant applied for an H. I. G. house in Akasha-2 of Govindpuram Housing Scheme after depositing a sum of Rs.14,010/-. Thereafter he deposited a sum of Rs.7,510/-. By letter dated 28.2.1989 a house was reserved for him and a payment schedule was sent to him. The cost of the house was indicated as Rs.2,15,000/-. The complainant deposited the entire amount within the time allowed by the Ghaziabad Development Authority. The possession of the house was to be given within two years' time. As the cost of the house was increased to Rs.2,78,162/- the complainant has also deposited the enhanced cost alongwith lease rent etc. The possession of the duly completed house has not been delivered to him so far. The houses are not habitable and there are lot of deficiencies in the same. The complainant has prayed for possession of the house duly completed in all respects and for payment of damages.

(3.) In the written version it was alleged that the entire amount has been deposited by the complainant but the possession could not be delivered in time on account of stay order passed by the Hon'ble High Court with effect from 24.4.1991 to 16.12.1993.