G.D.A. Vs. ANJU GUPTA

JUDGEMENT

(1.) Delay in filing the appeal is condoned.

(2.) This is an appeal arising from the decision of the State Consumer Disputes Redressal Commission U.P., wherein the State Commission had awarded a compensation of Rs. 10,000 and also directed delivery of possession of the flat. The only defence taken by the appellant before the State Commission was that they were ready to deliver the possession, but the respondent did not come forward and take the possession. Such plea did not find favour with the State Commission which after going into the facts and on examining all the contentions in detail and also gone to the extent of appointing a Commission to find out whether the house/houses in question were available for occupation by the respondent when the Commissioner reported that the staff of the appellant had let out that flat to different parties and the ground floor of House No. B-60, had been occupied by Mr. M.K. Chaturvedi, a Journalist and the second floor was occupied by Mr. B.R. Kishore.

(3.) The Commissioner had also found the house to be in dilapidated condition which needed to be maintained and repaired. Repairs to the railings in the staircase were also required. He also discovered that these two flats were let out by the employees of the Ghaziabad Development Authority. In the face of all these, the plea of the G.D.A. that they were always ready to deliver possession and had got the house available for the respondent has absolutely no force and was rightly rejected.