GHAZIABAD DEVELOPMENT AUTHORITY Vs. BANSHI LAL KALRA

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 31.7.1997 passed by District Consumer Forum, Ghaziabad in Complaint Case No.650 of 1995.

(2.) The facts of the case stated in brief are that the complainant deposited a sum of Rs.5,000/- for allotment of a plot on 27.10.1988. The payment schedule dated 10.2.1989 was sent by Ghaziabad Development Authority and allotment was made on 20.3.1989. The complainant deposited Rs.11,600/- on 20.3.1989, and interest of Rs.348/-. The complainant has deposited the amount in instalments as desired but the possession has not been delivered of the plot so far. Hence he has claimed refund of the amount deposited.

(3.) The opposite party in the written version has alleged that the amount of Rs.55,800/- has been deposited by the complainant alongwith the lease rent etc. The possession has been delivered in the year 1995. Hence he is not a consumer. It is further alleged that the stay order was obtained by some of the agriculturists from the Hon'ble High Court which remained in operation from 24.4.1991 to 16.12.1993. Hence there is no deficiency in service.