DEVELOPMENT AUTHORITY Vs. RAJESH JOHARI

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 26.2.1999 passed by District Consumer Forum, Meerut in Complaint Case No.368 of 1997. Briefly stated the facts of the case are that the complainant applied for a Middle Income Group house in Shatabdi Nagar Scheme and deposited a sum of Rs.15,000/- on 28.11.1989. The complainant was allotted a house in the Scheme in Phase - II, Sector 'b' bearing House No 3/44 by letter dated 30.1.1990. The area of the house was 112 sq. metres. The estimated cost of the house was Rs.1,25,000/-. The complainant was directed by Meerut Development Authority to deposit Rs.35,000/- which he has deposited on 7.3.1990. Thereafter the complainant had received a letter dated 24.12.1993 of MDA intimating that now he has been allotted House No. A/80-4b. It was also indicated in the said letter that due to some reasons construction work could not be completed of House No.3/44. The complainant went several times to MDA for possession of the house but possession was never given and he was told that the possession of the house will be given upto October, 1994. The opposite party through its letter dated 11.1.1995 informed the complainant that the cost of the house has been increased to Rs.3,01,291/-. The complainant informed MDA that he is not prepared to take house on high rate and money deposited by him be returned to him. The complainant filed the complaint and alleged that the house was changed without his consent and further prayed for Rs.50,000/- as compensation along with interest @ 18% p. a.

(2.) The opposite party in its written version alleged that the cost of House No.3/44 was 1,85,000/- and not Rs.1,25,000/-. MDA had right to change the allotment of the construction work of House No.3/44 was not possible. As such the house was changed. The parties have led their evidence.

(3.) The District Consumer Forum after considering the facts of the case has directed MDA to refund the entire amount along with 15% p. a. interest within a period of one month.