LAWS(NCD)-2020-1-99

MEERUT DEVELOPEMNT AUTHORITY Vs. VIRENDRA KUMAR ARORA

Decided On January 29, 2020
Meerut Developemnt Authority Appellant
V/S
Virendra Kumar Arora Respondents

JUDGEMENT

(1.) This revision petition has been filed by the petitioner Meerut Development Authority against the order dated 28.10.2014 of the State Consumer Disputes Redressal Commission, Uttar Pradesh, (in short 'the State Commission') passed in Appeal No.3190 of 2003.

(2.) Brief facts of the case are that on 11.5.1990, the petitioner allotted House No.P-87 in Pallav Puram Housing Scheme to the respondent at an estimated price of Rs.1,48,000/-. On 10.10.1991, the respondent was handed over possession of the subject house allotted to him by the petitioner. On 3.2.1996, the respondent informed the petitioner that owing to the illness of his daughter, he has not been able to pay the instalments for one year. Further, the respondent requested for conversion of his monthly instalments to half yearly instalments. On 6.11.1996, the respondent once again expressed his inability to pay instalments on account of the illness of his daughter, and requested the petitioner to convert the monthly instalments to half yearly instalments. On 30.4.1996, the petitioner allowed conversion of monthly instalments into half yearly instalments for the respondent. On 30.4.1997, the Hon'ble Supreme Court, vide order passed in Meharban and Ors. Vs. State of U.P. and Ors. (1997) 6 SCC 54, directed additional compensation to be paid in respect of land acquisition undertaken by the petitioner. Further, the Hon'ble Supreme Court allowed the petitioner to recover the amount of such enhanced compensation from purchasers of plots and buildings developed by the petitioner in the land acquired from the farmers/owners. On 27.11.1997, the petitioner informed the respondent about the above noted enhancement of compensation ordered by the Hon'ble Supreme Court, and called upon the respondent to pay an additional sum of Rs.82940.55 by 26.12.1997 in respect of the subject house allotted to him. On 29.8.2003, the respondent filed complaint case no.85/2003 before the District Forum, Meerut. The said complaint case was decided ex-parte against the petitioner, and it was directed to execute the sale deed in favour of the respondent upon payment of Rs.74,185/-. Aggrieved, the petitioner filed an appeal being No.3190 of 2003 before the State Commission. The State Commission passed the following order:-

(3.) Hence the present revision petition.