PRAKASH WADHWANI Vs. GHAZIABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Petitioner who was the original complainant-decree holder before the UP State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission' for short) has filed the present Revision Petition against the order dated 5th October, 2005 in Execution Case No. 3 of 2001 wherein the State Commission has directed the petitioner-decree holder to refund the sum of Rs. 1,84,541/- to the Ghaziabad Development Authority, respondent herein, which had been received in excess, within a month.

(2.) Briefly stated, the facts of the case are: -

(3.) On 30th December 1989, the petitioner applied for allotment of a Double Room Apartment under Kaushambi Apartments (Phase-III) Scheme floated by the respondent. He deposited the registration amount of Rs. 46,500/- on 30th December, 1989 with the respondent as reservation amount. Respondent vide its letter dated 30th January, 1990 informed the petitioner that it had reserved a Double Room Apartment (Deluxe) for him. Respondent fixed the estimated cost of the apartment at Rs. 4,65,000/-. In the said letter respondent also gave the schedule of payment to be made towards the cost of the apartment in five installments. Respondent vide its letter No. 19816/THA/90 informed the petitioner that it had allotted apartment number DHAULAGIRI/404 under the said scheme to him.