MEERUT DEVELOPMENT AUTHORITY Vs. D K JAIN

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 11.6.1998 passed by District Consumer Forum, Meerut in Complaint Case No.103/1997.

(2.) The facts of the case stated in brief are that the complainant applied for a plot in Shatabdi Nagar Housing Scheme and deposited a sum of Rs.12,050/-. By letter dated 8.3.1990 the plot was reserved in the name of the complainant. The complainant was asked to deposit a sum of Rs.25,000/- as allotment money which he deposited on 17.3.1990. The payment of schedule was sent vide letter dated 20.2.1991, according to which the complainant came to know that a plot measuring 250 sq. mts. costing Rs.1,25,000/- was allotted to him. The amount which was demanded as per instalment schedule was deposited in time. According to the agreement the possession was to be handed over of the plot in the year 1992 but the same has not been delivered so far. On 19.5.1992 the complainant was informed to deposit a further amount of Rs.2,25,000/- when plot No. D-127, Sector V was allotted to him. The complainant went to see the plot on the spot and found that no demarcation has been made and no development work was in progress. By letter dated 6.3.1993 enhanced price of the plot was also demanded. Complainant tried to obtain possession of the property by reminding the Meerut Development Authority but the Development Authority did not hand over the possession. The complainant demanded for refund of the entire amount deposited by him alongwith 24% per annum interest and Rs.10,000/- as compensation/damages.

(3.) The opposite party has alleged that the price indicated was only tentative. The cost of the plot was Rs.1,25,000/-. A sum of Rs.52,068/- was also due against the complainant on account of penal interest. The development work is going on and as soon as the development work is completed, the possession of the plot shall be handed over.