GDA Vs. ALOK CHANDRA SHARMA

JUDGEMENT

(1.) The Hon'ble Supreme Court of India by a single order in Civil Appeal Nos.7261/2002 and 7264/2002 (because the principal question is same in both cases) has set aside the order passed by the National Consumer Disputes Redressal Commission (hereinafter referred to as the 'National Commission') in Revision Petition Nos.637/01 and 490/02 (wherein the Ghaziabad Development Authority was the Petitioner and Sudhir Kumar Garg and Alok Chandra Sharma were the Respondents, respectively) with the directions that these revisions petitions may be decided afresh in accordance with law after giving opportunity of hearing to the parties.

(2.) While we also propose to dispose of these Revision Petitions by a common order, for the sake of convenience the facts taken into consideration are in respect of Revision Petition No.490/2002 wherein the Ghaziabad Development Authority was the Petitioner and Sudhir Kumar Garg was the Respondent.

(3.) The facts of the case, according to the Respondent, who was the original complainant before the District Forum, are that he had applied for allotment of MIG House under the Govindpuram Housing Scheme of the Petitioner/Authority by depositing Rs. 17,510/- as registration fees on 29.10.1988. Petitioner thereafter sent a letter dated 29.03.1989 containing a reservation/payment schedule in compliance with which Respondent deposited Rs. 1,41,575/-. As per the scheme the possession of the house was to be delivered to the Respondent within a period of two years i.e. by October, 1990 but the possession of the house was not delivered in spite of allotment of House No.H-352 in favour of Respondent. Respondent further stated that development work had not been completed in respect of roads, sewerage, water and electricity in the vicinity and also there were so many deficiencies in the house that it was not habitable. These facts were confirmed through the report of one S.P. Agarwal deputed by the Respondent to inspect the premises and who estimated that Rs.25,000/-would be necessary to remove the deficiencies in the house. Although, Respondent made several oral as well as verbal complaints on these matters, there was no response from Petitioner/Authority. Respondent, therefore, filed a complaint before the District Forum requesting that the Petitioner be directed to deliver possession of the house to the Respondent and interest? 21% per annum on the total amount of money paid by him amounting to Rs. 1,41,575/- and that no interest on the residual sum of money which was to be paid towards the cost of house as well as Chowkidar's fee should be collected from Respondent. Respondent also sought Rs.30,000/- as compensation for mental torture and litigation costs.