JAGDISH GURNANI Vs. LUCKNOW DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Appellant was the complainant before the State Commission, where he had filed a complaint alleging deficiency in service on the part of the respondent Lucknow Development Authority (LDA).

(2.) Undisputed facts of the case are that the appellant / complainant in response to an advertisement, deposited Rs.18,000/- on 24.09.89 as registration money applying for a flat with covered area 750 sq. ft in the Premayan category which was later on shifted to Vatayan category of the same scheme. In the brochure the estimated sale price of the apartment was indicated at Rs.3,80,000/-. It was the contention of the Respondent, LDA, that due to some problem with the labour and the respondent, letter of allotment could be issued on 10.01.91 in which again the estimated price was given Rs.3,80,000/- against which the complainant paid Rs.1,94,000/- in 10 instalments. But the possession of the flat was not given despite a provision in the brochure, that after payment of 40% of the amount, the possession shall be given. Finally, vide letter dated 10.09.01, the respondent LDA demanded the balance amount placing the revised cost of flat at Rs.6,84,895/-. It is not in dispute that the appellant was put in possession of the flat on 4.4.01 allegedly, full of defects and discrepancies and use of substandard material in the construction. It is in these circumstances, a complaint was filed before the State Commission with the following prayer:-

(3.) The matter was contested by the respondent before the State Commission and the State Commission after hearing the parties and perusal of material on record, disposed off the complaint in following terms:-