GHAZIABAD DEVELOPMENT AUTHORITY Vs. MUNESH KUMARI

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 8.1.1997 passed by District Consumer Forum, Ghaziabad in Complaint Case No.1674 of 1994.

(2.) The facts of the case stated in brief are that the complainant alongwith one another lady applied for a M. I. G. House in Govindpuram Housing Scheme Anukampa. She had deposited a sum of Rs.35,000/- towards registration cost. The estimated cost of the house was Rs.1,75,000/-. Rest of the amount was to be deposited in nine years time. By letter dated 8.11.1989, the reservation letter was issued and payment schedule was also sent. It was indicated that if the possession is not taken within stipulated time then the Ghaziabad Development Authority shall also charge the security amount. The complainant had deposited the four instalments, after which she was to get the possession of the house. By letter dated 22.10.1992 the complainant was informed that the house was been changed and the cost of the house was increased by Rs.43,600/-. The lease rent of Rs.5,711/- was also demanded. The complainant deposited Rs.33,151/- under protest and Rs.746/- as interest. She got the possession of the house on 28.1.1994. The complainant has prayed for interest on the amount deposited by her as the possession of the house was not given within the time. She also prayed for refund of the enhanced cost of the house alongwith Rs.2,000/- per month as damages.

(3.) The opposite party in its written version has alleged that the house which was allotted to her was allotted to somebody else. The complainant had not taken possession of the house on 28.1.1994 after satisfying herself. Now she has no jurisdiction to file the complaint and the Ghaziabad Development Authority is not guilty of deficiency in service.