LUCKNOW DEVELOPMENT AUTHORITY Vs. PRABHAT RASTOGI

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 23.7.1997 passed by District Consumer Forum-I, Lucknow in Complaint Case No.383/94.

(2.) According to the complainant, the facts of the case stated in brief are that the complainant deposited a sum of Rs.20,000/- on 1.10.1990 as registration money for Duplex M. I. G. House in Viram Khand of Gomtinagar Scheme. Thereafter the allotment money of Rs.20,000/- was deposited on 26.2.1991. By letter dated 20.9.1991 the house was allotted to him. The estimated cost of the house was Rs.2,95,000/-. The complainant was asked to deposit the rest of the amount in two instalments of Rs.1,27,000/- each payable on 19.10.1991 and 26.12.1991. The two instalments were deposited by the complainant. The possession of delivery of the house was assured to be given within a reasonable time of six months from 20.9.1991. In this way, the possession was to be delivered till the end of March, 1992 but the possession of the house was not delivered to the complainant. The complainant wrote a letter to the Lucknow Development Authority. In response to their letter, by letter dated 14.1.1994, the Lucknow Development Authority intimated that the price of the house after final calculation comes to Rs.3,76,800/-. It demanded that the excess amount of Rs.81,800/- should be paid in two instalments of Rs.40,900/- on 28.2.1994 and 31.5.1994. It was also pointed out that if this amount is not deposited then the interest at the rate of 21% shall be charged. The complainant also made a demand against the Lucknow Development Authority that a sum of Rs.1,44,815/- as interest at the rate of 21% per annum on the deposits and prayed for adjustment of Rs.81,800/- out of this amount. No response came from the side of the opposite party. Thereafter, the complainant deposited the amount demanded by the opposite party alongwith penal interest at the rate of 21% per annum. Thereafter, the complainant has made several requests for handing over of the possession of the house but it was not done, hence the complainant filed a complaint for ordering the Lucknow Development Authority for delivering the possession of the house and for damages, interest and compensation.

(3.) The opposite party did not file any written version inspite of personal service on 29.11.1995 as has been mentioned in the judgment, hence the case has proceeded ex-parte.