GHAZIABAD DEVELOPMENT AUTHORITY Vs. K MAHADEVAN

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 18.11.1997 passed by District Consumer Forum, Ghaziabad in Complaint Case No.453 of 1996.

(2.) The facts of the case stated in brief are that the complainant booked an HIG house in hire purchase scheme in Shastri Nagar on 14.1.1988, by depositing Rs.19,000/-. Thereafter he deposited a further sum of Rs.2,520/- as difference money for a house in Govindpuram HIG scheme. The cost of this house was indicated as Rs.2,15,000/- in the brochure. He deposited the reservation amount on 28.2.1989 and also deposited various other instalments in time but when the complainant visited the spot on 28.5.1993 and 22.12.1993 he found that the development work was not complete and the facilities were not provided. The final costing of the house was done at Rs.2,78,162/- and a sum of Rs.80,662/- was indicated to be deposited before possession. In all a sum of Rs.90,000/- was asked to be deposited by the complainant. The complainant deposited this money along with penal interest of Rs.1,181/-.

(3.) It was indicated that the possession of the house shall be given in 1991 but even upto the date of complaint, the possession was not delivered. There is lot of deficiency in the house. The complainant got the house inspected by Sri Mahendra Pal Agarwal, registered Valuer, who in his report has mentioned that a sum of Rs.81,000/- shall be required for repairing of the house. The complainant has prayed by filing this complaint that all the deficiencies in the house be got removed and he should be allowed Rs.2,000/- per month from the opposite party which he has spent on rent. A sum of Rs.21,000/- has beer, claimed on account of mental tension and and cost.