GHAZIABAD DEVELOPMENT AUTHORITY Vs. PRAMOD KUMAR

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 13.1.2000 passed by District Consumer Forum, Ghaziabad in Complaint Case No.356/1996.

(2.) The facts of the case stated in brief are that the complainant applied for an LIG house in Nand Nikunj Housing Scheme on "tatkal" basis in the year 1994. On 12.10.1994 a house was allotted to the complainant by the Ghaziabad Development Authority and the amount required by the Ghaziabad Development Authority was also deposited. The cost of the house was indicated as Rs.59,430/- which was to be paid in easy instalments.50% of this amount was deposited in accordance with the payment schedule. According to the terms of the brochure when 50% of the amount was deposited by an allottee, the possession of the house was to be given. The complainant after depositing saw the site and came to know that the house No. C-741 which was allotted to him was only partially constructed. The plaster of the wall was falling and no doors were fitted. The development work was also not done. This amounts to deficiency in service.

(3.) According to the opposite party the price of the house was tentative and the final costing is done only after completion of the house. It was alleged that the entire amount has not been deposited and the possession has also not been taken by the complainant. The complainant should have taken possession of the house in pursuance of the possession letter dated 12.10.1994 which has not been done so far. Hence it is not entitled to any relief.