MEERUT DEVELOPMENT AUTHORITY Vs. RAJEEV JAIN

JUDGEMENT

(1.) This is an appeal against the judgment and order passed by District Consumer Forum, Meerut, on 14.8.1997 in Complaint Case No.719 of 1994.

(2.) Facts of the case, stated in brief, are as under : (1) The complainant applied for a plot 'b' Type measuring 200 sq. mtrs. in Rakshpuram Scheme and deposited a sum of Rs.10,000/- on 30.10.1987. Estimated cost of the plot was Rs.70,000/-. At the time of allotment, a sum of Rs.16,000/- was to be deposited. (2) Vide letter dated 23.7.1988, the complainant was informed that on 12.7.1988, Plot No.3/173 has been allotted to him and he was directed to deposit Rs.16,000/- and this amount was deposited on 20.8.1988. Rest of the cost of the plot was to be paid in 8 six monthly instalments in terms of the payment schedule given by the appellant. On the balance amount of Rs.44,000/- interest could not have been demanded by Meerut Development Authority from the complainant. According to the complainant, the appellant has realised Rs.11,200/- in excess. (3) It has further been alleged by the complainant that cost of the plot was increased by Rs.10,000/- which was also deposited on 4.10.1993. The complainant has sought refund of this amount of Rs.10,000/-. (4) Vide letter dated 13.6.1994, Meerut Development Authority had intimated the complainant to take possession of the plot by 10.11.1993. In this letter dated 13.6.1994, reference of letter 6.10.1993 was also given, which was not received by the complainant. After receipt of the letter dated 13.6.1994, when the complainant went to the site, it was found that no development work has been done and the possession of the plot has not been given to him as yet. (5) According to the complainant, Meerut Development Authority is not entitled to get the sum of Rs.16,000/-. The complainant has in all paid Rs.80,200/- towards the cost of the plot. As no development work was done, the complainant prayed for refund of the entire deposited amount alongwith interest and compensation. (6) Meerut Development Authority has alleged that the complainant has not taken the possession of the plot intentionally and if he wants to take the refund of his money, the same can be refunded after deductions as per rules. (7) Previously the cost of the plot was tentative and later on final costing was done. The complainant was bound to pay interest on the instalments. The complainant is not a consumer and the District Forum has no jurisdiction to hear the complaint. (8) The learned District Forum, Meerut, after considering the facts of the case, decreed the claim of the complainant and directed for refund of the deposited amount alongwith 15% per annum interest from the date of deposit till the date of refund and Rs.500/- as cost.

(3.) Aggrieved against the judgment and order of the District Consumer Forum, Meerut, the appellant has come up in the appeal challenging the correctness of the order passed by the Forum.