LAWS(NCD)-2000-6-102

GHAZIABAD DEVELOPMENT AUTHORITY Vs. REKHA AGRAWAL

Decided On June 09, 2000
GHAZIABAD DEVELOPMENT AUTHORITY Appellant
V/S
REKHA AGRAWAL Respondents

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 10.12.1996 passed by District Consumer Forum, Ghaziabad in Complaint Case No.233/1995.

(2.) The facts of the case stated in brief are that the complainant booked one M. I. G. House on 31.10.1988 in Govindpuram Anukampa Housing Scheme. She had deposited a sum of Rs.17,510/- towards registration cost. By letter dated 10.3.1989, she was informed that a house has been reserved for her. She deposited the reservation amount in May, 1989. The house was to be completed within two years. By letter dated 29.6.1989 the Ghaziabad Development Authority communicated the complainant that the house has been changed and in place of Hire Purchase Scheme the house has been allotted under the Self Financing Scheme. The rest amount of Rs.35,000/- has to be deposited in four instalments. The complainant protested against it by letter dated 18.9.1989 but to no affect, hence she deposited the instalments by 29.4.1991.

(3.) Inspite of depositing the entire amounts she has not been able to get the possession of the house. When the complainant was informed to deposit the enhanced price of Rs.24,400/-and lease rent of Rs.5,711/-, she visited the site and found that there were many defects in the house and was not worth living. The complainant is residing in a rented house. She has taken loan for depositing the entire cost of the house for which she is paying interest. She prayed for payment of interest, compensation and cost of the proceedings. The opposite party in its written statement has admitted that the cost of Rs.1,75,000/- was estimated and now the cost has been enhanced to Rs.1,99,400/-. Thus the Forum cannot adjudicate on the costing of the house. There was some delay in handing over of the possession of the house as some villagers filed writ petition before the Hon'ble High Court and stay order was granted which was effective from 24.4.1991 to 16.12.1993. According to the Ghaziabad Development Authority, there was no deficiency in service.