KANPUR DEVELOPMENT AUTHORITY Vs. SUDARSHAN DEVI

JUDGEMENT

(1.) The respondent/complainant was allotted house No. C-120, Gulmohar Vihr, W Block, Juhu, Kanpur in a draw of lots held on 28.03.1985 and allotment letter dated 09.04.1985 was issued to her. In the allotment letter the estimated cost of the house was given as Rs.1.15 lakhs. However, the actual cost of the house came to Rs.148443.52 and was conveyed to the complainant vide letter dated 11.01.1991. The balance sale consideration could be paid in instalments. The complainant did not pay the instalments in time. The possession of the house was given to the complainant but the conveyance deed in her favour was not executed. The non-execution of the sale deed was on account of the complainant having not paid the demand of Rs.199946/- raised by the petitioner Authority. The complainant, therefore, approached the concerned District Forum by way of a consumer complaint seeking execution of the conveyance deed in her favour. She also wanted that the petitioner Authority should not demand more than Rs. 1,15,000/- from him towards the cost of the house.

(2.) The complaint was resisted by the petitioner Authority which, inter alia, stated in its written version that the complainant had not paid the demand raised by it. A reference in this regard was made to various letters alleged to have been sent by the petitioner Authority to the complainant on different dates.

(3.) The District Forum vide its order dated 14.10.2009 directed as under:-