RAKESH SRIVASTAVA Vs. GHAZIABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 18.12.1995 passed by District Consumer Forum, Ghaziabad in Complaint Case No.402 of 1995.

(2.) The facts of the case stated in brief are that the complainant applied for allotment of a house in Pratap Vihar under a self-financing scheme. The Ghaziabad Development Authority allotted one M. I. G. house, the cost of which has been indicated as Rs.1,75,000/-. This house was in Govindpuram. The entire price of the house was deposited by the complainant within the time allowed. The possession of the house was to be delivered by the year 1991 but the possession was delivered only on 25.2.1995. At the time of taking possession, a number of deficiencies were found existing in the said house and the complainant approached the opposite party to make up those deficiencies, but there was no response. A sum of Rs.12,900/- was spent by the complainant to remove those deficiencies. The complainant also spent a sum of Rs.600/- which was wrongly charged towards charges of a watchman.

(3.) The opposite party in its written version has alleged that the possession could not be delivered on account of stay order by the Hon'ble High Court which was in effect from 24.4.1991 to 16.12.1993 during which period no construction work was done.