SURESH KUMAR SHARMA Vs. GHAZIABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Petitioner Suresh Kumar Sharma, complainant before the District Consumer Disputes Redressal Forum, Ghaziabad (District Forum for short), has filed this revision petition against the order dated 04.04.2006 passed by U.P. State Consumer Disputes Redressal Commission, Lucknow (State Commission for short), whereby it has allowed the revision filed by respondent/opposite party/Ghaziabad Development Authority against the order dated 30.08.2005 passed by the District Forum issuing recovery certificate against them.

(2.) Facts, in brief, are that the petitioner-complainant had allegedly applied for a HIG house measuring 135 sq. meters costing Rs.3,10,000/- in Vaishali Scheme of the respondent/authority. In the brochure it was stated by the respondent/authority that the construction would be of high quality as doors, windows, marble etc. of good quality would be used in the construction. The petitioner-complainant allegedly deposited the entire cost of the house in time and was issued allotment-cum-possession letter dated 15.01.1993, whereby additional demand of Rs.71,700/-, besides lease rent of Rs.8860/-, was also made by the respondent-authority, which the petitioner-complainant paid. When the petitioner-complainant went to see the House No. 4/047 allotted to him, he found that no civic facilities were provided and that apart, contrary to the specification, in the brochure, the material used was also of very inferior quality and to his dismay the area of the plot was only 128 sq. meters. The petitioner-complainant got the house inspected by Shri D.P. Goel, Valuer Architect, who also supported the above deficiencies on the part of respondent-authority. According to the petitioner-complainant, the cost of the house was Rs.2,72,500/- whereas he was charged exorbitantly at Rs.3,90,560/-.

(3.) In this background, the petitioner filed a complaint before the District Forum praying for certain reliefs. The District Forum on appreciation of the evidence produced by the parties vide its order dated 27.01.1994, observing that the complainant cannot be compelled to take possession of incomplete house in undeveloped colony, held that the complainant was entitled to receive the refund of the entire amount with interest and accordingly allowed the complaint and directed the respondent-authority to pay the amount of Rs.3,90,650/- to the petitioner-complainant along with 18% interest p.a. within a period of one month. Cost of Rs.1000/- was also imposed on respondent-authority.