LUCKNOW DEVELOPMENT AUTHORITY Vs. RAM KUMAR GUPTA

JUDGEMENT

(1.) Aggrieved against the order dated 23rd of April, 2009 passed by the U.P. State Consumer Disputes Redressal Commission, Lucknow (for short the State Commission), this revision petition has been filed by Lucknow Development Authority. Vide the order impugned, the State Commission has dismissed the appeal of the petitioner- opposite party-Authority both on the ground of limitation as well as on merit, giving a direction to the petitioner/opposite party to execute the sale deed in favour of the respondent-complainant of the house allotted to him for a price of Rs. 5,96,000 after adjustment of Rs. 40,000 deposited by him and to pay cost of Rs. 5000.

(2.) According to the respondent- complainant, he applied for the allotment of a semi built house on Hire Purchase basis in Anucumpa Lake View Scheme floated by the petitioner-Authority. He registered himself by depositing the prescribed registration amount of Rs. 20,000 on the 10th of May, 1995. He further deposited another sum of Rs. 20,000 on the 30th of April, 1996, which he claims to be the allotment money. While he claims that despite the deposit of the allotment money he was not given the possession of any semi built house and he continued to represent the petitioner- Authority repeatedly for the same, finally he was allotted semibuilt house No. 3/22 in Vaastu Khand, Gomti Nagar vide Authority's letter dated 15th of March, 2004. This was done when his complaint was pending before the District Forum. The petitioner-Authority, however, demanded a sum of Rs. 7,38,650 towards the cost of the semi built house as against the cost of Rs. 4,60,000 which was not justified. According to him, the cost of the house was fixed at Rs. 4,60,000 and was not amenable to any enhancement as per their own brochure. The petitioner-Authority, therefore, could not ask for any interest or enhanced price. The District Forum had accepted his complaint and directed the petitioner-Authority to hand over possession of house No. 3/22 in Vaastu Khand at the old rate without charging any interest within a month. It further directed the petitioner-Authority to pay Rs. 2,000 as compensation and Rs. 1,000 towards the cost of the case. Since the Counsel for the petitioner-Authority after initial appearance failed to pursue the matter before the District Forum, they were proceeded ex parte at the time of passing of final order.

(3.) Dissatisfied with the order passed by the District Forum, the matter was taken up by the petitioner-Authority in appeal before the State Commission, who vide the order impugned has dismissed the appeal both on account of delay in filing the appeal as also on merit and has directed the petitioner-Authority to execute the sale deed of the house allotted to the respondent-complainant for a price of Rs.5,96,900 subject to adjustment of Rs. 40,000 deposited by the complainant. This price of Rs.5,96,900 as stated in the order of the State Commission has been communicated to the complainant by the petitioner-Authority vide their letter dated 14th of August, 2008 in modification of the price of Rs. 4,60,000 stated in the brochure. It is this order of the State Commission that is the matter for adjudication in this revision petition.