UMA SINGH Vs. GHAZIABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Complainant petitioner herein, has filed this Revision Petition against the order dated 5.2.2007 passed in Appeal No. 1229/98 by the State Consumer Disputes Redressal Commission, Uttar Pradesh (in short, 'the State Commission') by which the State Commission reversing the order of the District Forum has dismissed the complaint.

(2.) In 1988, Ghaziabad Development Authority (in short, 'the GDA') Respondent herein advertised in various national dailies and issued brochure in respect of its various housing schemes for allotment of flats on ground floor (in short, 'GF') and on upper floors (in short 'UF') prescribing different prices for GF and UF flats. On 30.7.1988, Petitioner applied for a GF flat in Scheme No. 525. On payment of registration amount of Rs. 18,000, Respondent on 22.10.1988 vide letter dated 22347/525-13-C/0086/00082/CC/86 reserved a flat for the Petitioner indicating that the flat reserved for her is on ground floor. This is clear from the details recorded in the Reservation letter issued which read as under: <FRM>JUDGEMENT_76_CPJ1_2012_1.html</FRM>

(3.) Petitioner paid full- amount of Rs. 1,78,000 to the Respondent towards cost of GF flat. On 10.1.1991, GDA offered a flat to the Petitioner on the first floor along with scooter garage. Since the Petitioner had applied for GF flat and not for first floor with scooter garage, she wrote several letters to the Respondent to allot her a GF flat any where in the scheme of GDA and to withdraw the allotment of scooter garage which was a forced allotment. Respondent did not allot a flat on the ground floor, feeling harassed, the Petitioner made a request to the Respondent for refund of the amount deposited by her. i.e. Rs. 1,78,000 along with interest thereon. On 8.7.1993, Respondent sent a cheque for Rs. 1,73,500 to the Petitioner stating that "You Are Informed That Your Name Is Not Appearing In The Successful Applicants. Therefore, Balance Amount, Rs. 1,73,500 Is Being Returned To You Vide Chque No. 665607 Dated 8.7.1993."