MANPREET KAUR Vs. MEERUT DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Complaint was filed, inter alia, alleging that sometime in the month of June, 1989, Meerut Development Authority - opposite party issued advertisement(s) in all leading national newspapers inviting applications from general public for allotment of residential plots in Shatabdi Nagar Group Housing Scheme . Pursuant to the advertisement(s) the complainant submitted application form duly filled up along with a demand draft of Rs. 15,000 as earnest money on 9.12.1989. Complainant was further asked to pay Rs. 30,000, which she deposited with the authority. Complainant received a letter dated 20.2.1991 from the authority conveying allotment of plot No. 400, measuring 288 sq. mtrs. in category type B , Phase-II, Sector 6 in the said scheme. It was stated that after advertisement was issued, the complainant went to see the site and she found that two lane roads were being made and street lights, public health works and sewerage were being laid. Complainant again inspected the site after receipt of allotment letter and she noticed that the entire development work was stopped and the site was in the same position as it was in the year 1989. Complainant received another letter dated 2.2.1996 askings her to deposit due instalments of Rs. 1,46,259 with 18% interest failing which allotment of plot was threatened to be cancelled. It was further stated that the authority has delayed handing over possession of the plot. Attributing deficiency in service on the part of Authority, in the prayer clause the following reliefs were claimed: Amount (Rs.) (i) Escalation in construction cost as per PWD (B & R) rates 19,13,690.00 (ii) Claim @ 18% compound interest on the amount deposited 2,00,000.00 (iii) Claim on account of mental and physical harassment to be recovered from M.D.A. as well as officers found responsible 25,00,000.00 (iv) Litigation expenses 40,000.00 (v) Claim on account of loss of earning of rent 9,06,500.00. (vi) Claim due to escalation in the charges to be paid to the Architect 38,274.00 (vii) Chasing the case 5,00,000.00

(2.) Opposite party-Authority contested the complaint by filing written version. It was not disputed that in the year 1989 the Authority invited applications for registration of allotment of residential plots under Shatabdi Nagar Hosing Scheme and the complainant applied for a plot measuring 288 sq. metres and deposited registration money of Rs. 15,000 on 9.12.1989. By the letter dated 8.3.1990 the Authority demanded amount of Rs. 30,000 which the complainant deposited. It was stated that on 20.2.1991, instalment letter was sent to the complainant but she failed to deposit the required instalment within the stipulated time. Again, letter dated 2.2.1996 was issued to the complainant and she was asked to deposit a sum of Rs. 1,46,259 along with interest @ 18% p.a. but she did not deposit any amount towards instalments. It was asserted that Sector 6 in which the plot was allotted to the complainant, is under development. It was stated that the complainant got the registration with intention to sell the plot for making financial gain. Estimated cost of the plot was Rs. 1,44,000. Allegation of deficiency in service and liability to pay the amount claimed were denied.

(3.) We have heard Ms. Astha Tyagi, Amicus Curiae for the complainant and Ms. Reena Singh for the opposite party-Authority and have been taken through the records.