INDIRA GUPTA Vs. AGRA DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Petitioner who was the complainant before the District Forum and Respondent before the U P State Consumer Disputes Redressal Commission, Lucknow (in short 'the State Commission') has filed the present revision petition against the order passed by the State Commission. The State Commission had modified the order of the District Forum in favour of the Agra Development Authority (hereinafter referred to as 'the Authority') -Respondent in this case.

(2.) Briefly stated the facts according to Dr Indira Gupta Petitioner are as follows:

(3.) The Petitioner on 25.11.1989 had applied for an Mini Middle Income Group (in short 'MMIG') House under a Hire Purchase Scheme of the Agra Development Authority on hire purchase basis and its initial cost as per the brochure of the Authority was Rs. 1,29,296/-. On 03.12.1990, the Petitioner was informed that she was allotted a house on the basis of a draw of lots, and that the enhanced cost of the house was Rs. 1,69,941/-. As per the altered schedule of payments apart from Rs. 15,000/- (registration fee), she was required to pay in three installments, Rs. 17,000/- each, totaling Rs. 66,000/-. The balance amount, payable in 30 half-yearly installments, was to be paid after the possession of the house was given to the Petitioner. Although, Petitioner paid the required three installments, the Respondent on 19.01.1993 wrongly demanded Rs. 22,818/- being the third installment along with interest of Rs. 5880/-. The Petitioner in writing informed the Respondent that she had already paid this installment and therefore, nothing was due from her till she was allotted the house. Although, the possession of the house was to be handed over within a year, no development work and construction took place. Therefore, the Respondent filed a complaint before the District Forum on the grounds of deficiency of service against the Respondent and sought refund of the amount deposited by her (Rs. 66,000/- along with interest) and also compensation totalling Rs. 1,73,300/-.