RAMA DEVI Vs. LUCKNOW DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This appeal arises out of the Order dated 1.9.2006 in Complaint Case No. C/98/SC/1997 passed by the Uttar Pradesh State Consumer Disputes Redressal Commission, Lucknow (hereinafter referred to as the State Commission for short) whereby the State Commission partly allowed the complaint.

(2.) Briefly stated, the facts leading to the filing of the First Appeal are as under: As per allegations made in the complaint, appellant/complainant applied for a plot in Priyadarshani Scheme and was given registration number 00037268. It is stated that in the draw of lots on 20.7.1989, appellant was allotted plot No. A-1/6 measuring 14 x 28 square meter in the said Scheme. That appellant paid Rs. 7,000 to the respondent as advance money and further paid Rs. 1,59,400 as demanded by the respondent as cost of the plot which was payable in 8 quarterly instalments of Rs. 21,675 each on Hire Purchase. Last instalment was paid on 10.7.1991. Appellant had also paid interest for late payment as per demand raised by the appellant. In spite of making the full payment towards the cost of plot, the respondent neither got the plot registered in the name of the appellant nor handed over the possession of the same to her. That the respondent did not give any reply to her letter dated 26.7.1997. Thereafter, appellant sent a Legal Notice to the respondent for handing over possession of the plot and for payment of interest @ 16% p.a. on the deposited amount from 27.4.1991 till the possession was delivered.

(3.) As no reply was received, appellant filed the complaint before the State Commission which was partly allowed and the respondent was directed to either hand over the possession of the allotted plot within 2 months or to refund the deposited amount with interest @ 12%.