GHAZIABAD DEVELOPMENT AUTHORITY Vs. JOGINDER SINGH

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 24,5.1997 passed by District Consumer Forum, Ghaziabad in Complaint Case No.234/1995.

(2.) The facts of the case stated in brief are that the complainant applied for a house in HIG category in the Govindpuram Housing Scheme. He was allotted house No. A-303. By the time he had taken possession, the complainant had deposited a sum of Rs.4,13,563/- on 30.5.1991 and Rs.20,500/- on 28.6.1991. The possession letter was issued and thereafter the complainant was asked to deposit a further sum of Rs.85,640/- towards the final costing of the house by 28.2.1992. In that letter a sum of Rs.12,905/- towards lease rent was also demanded. It was also indicated that the possession should be taken, but this letter on account of wrong address could not be delivered to the complainant and hence possession could not be taken at that time. It is alleged by the complainant that it is deficiency of service, carelessness on the part of the officers and officials of the appellant. The complainant was given possession of the house on 7.10.1994. The complainant has claimed a sum of Rs.1,00,000/- for repairing of the house and Rs.11,466/- interest and Chowkidarana charges which were wrongly realised from him. He has also prayed for a sum of Rs.75,000/- also which was wrongly claimed by the Ghaziabad Development Authority.

(3.) The opposite party in its written version has mentioned that after six months of taking possession of the property, the complaint has been filed and hence he is not a consumer. The possession letter was issued by registered post at the correct address. The allegations to the contrary are wrong. The interest, Chowkidarana charges etc. were charged on account of the fact that the possession was not taken by the complainant in time.