AGRA VIKAS PRADHIKARAN Vs. AVADHPAL SINGH

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 10.3.2000 passed by District Consumer Forum-II, Agra in Complaint Case No.27/97.

(2.) The facts of the case stated in brief are that the complainant applied for a plot in Agra Development Authority and deposited a sum of Rs.5,000/- as registration amount on 28.1.1989. The plot was applied in Jawahar Puram Scheme. The plot was reserved for the complainant and the price of the plot was indicated as Rs.33,135/- which the complainant deposited with the Agra Development Authority alongwith Lease Rent of 90 years. The possession of plot was delivered on 4.4.1996 and the registration has not been done so far by the Agra Development Authority. After the long time, the complainant received intimation that the cost of the plot has been increased by another Rs.45,748.90 failing which the interest at the rate of 21% per annum shall be charged. It was indicated by the Agra Development Authority that when the amount of enhanced cost is deposited only then the registration shall be done. It was also indicated that if the complainant wants to take back the money it shall be returned after deductions of 30% amount.

(3.) The opposite party, Agra Development Authority has alleged that the cost of the plot which was indicated in beginning was tentative and has now been increased. The registration of the plot shall be done only after the increased cost is deposited. It has also been alleged that in a meeting dated 14.12.1994, a reference of which has been made by the complainant, it was decided that if after the registration and taking possession of the property an allottee wants to have the amount back, then no amount shall be returned to him.