GHAZIABAD DEVELOPMENT AUTHORITY Vs. YOGENDRA PAL TYAGI

JUDGEMENT

(1.) These two Revision Petitions have been received on remand from the Supreme Court of India with a direction to decide them afresh after considering all the issues raised by the parties.

(2.) In response to the advertisement issued by the Petitioner-Ghaziabad Development Authority (for short, GDA), which was the Opposite Party before the District Forum, Respondent-Complainant applied for allotment of a plot in Govindpuram Housing Scheme in the year 1988. Petitioner informed the Respondent by letter dated 5th July, 1989 that it had reserved a plot measuring 112 sq. metres for him valued at Rs. 69,440. Respondent deposited the price of the plot between 1988-92, but possession thereof was not delivered to him apparently because in the writ petition filed by the land owners challenging acquisition of the land, the High Court of Allahabad had granted stay. As per brochure of the GDA, possession of the plot was to be delivered by the year 1990. As the plot was not delivered to the Respondent in spite of paying the entire price for the plot in accordance with the schedule of payment within the stipulated time, Respondent filed the complaint before the District Forum seeking a direction to Petitioner to deliver possession of the reserved plot.

(3.) During the pendency of the complaint, the Petitioner refunded the entire amount deposited by the Respondent with interest @ 6% per annum, but the Respondent did not accept the refund and returned the cheque.