LUCKNOW DEVELOPMENT AUTHORITY Vs. NIRMAL KUMAR PATUDI

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 17.9.1999 passed by District Consumer Forum-II, Lucknow in Complaint Case No.325/1999.

(2.) The facts of the case stated in brief are that the complainant was allotted a house No.6/86 in Ashish Vipul Khand, Gomti Nagar on 8.3.1995. The complainant deposited a sum of Rs.2,95,000/- in instalments between 31.3.1995 to 31.3.1996. The opposite party, Lucknow Development Authority, has not completed the construction of the house. The complainant applied by letter dated 19.8.1997 either to complete the construction or to hand over possession of any of the incomplete house. It was also intimated to the Lucknow Development Authority that the valuation of the unfinished house be got done and the complainant be allotted this house and the cost of unfinished work be refunded to him. The complainant has further alleged that the Lucknow Development Authority has indicated the cost of the land at Rs.99,000/- and the cost of unfinished construction at Rs.67,000/-. A sum of Rs.180.60 and Rs.91,004/- as interest has also been added. In this way a sum of Rs.15,380/- in other items totalling to Rs.1,82,251.64 was deducted from the deposited amount by the complainant and a sum of Rs.1,12,748.36 was refunded to the complainant without any interest. The complainant has prayed for 21% per annum interest, a sum of Rs.10,000/- for demolishing the house and Rs.60,000/- for escalation of cost of material.

(3.) The opposite party in its written version has alleged that the complainant is not entitled to any relief claimed by him. The learned District Forum on consideration of the entire facts on record came to the conclusion that the interest at the rate of 15% per annum is to be paid by the Lucknow Development Authority on the amount of Rs.1,12,748.26 which has been refunded to the complainant without any interest. The District Forum has also awarded Rs.1,000/- as compensation and Rs.1,000/- as cost.