GORAKHPUR DEVELOPMENT AUTHORITY Vs. RITUMA GUPTA

JUDGEMENT

(1.) The present Appeal is filed against the order dated 25.05.2019 in Consumer Complaint No.155 of 2014 passed by State Consumer Disputes Redressal Commission, Uttar Pradesh, Lucknow (for short "State Commission").

(2.) The case of the Complainant/Respondent is that he applied for Category 'A' Plot in the Awaseeya Yojana 'Siddhartha Enclave' Vistaar Phase-II launched by the Opposite Party/Appellant i.e, Gorakhpur Development Authority in year 2003. On 07.04.2004, Plot No A-10 was allotted to the Complainant. The Complainant had deposited the entire amount with the Gorakhpur Development Authority, but with a delay of two days, due to which rebate of 4% on the cost of the plot was not given to her. On 15.02.2005, the Opposite Party informed the Complainant that Registration of the Sale Deed was stopped till further orders and she would be informed later about Registration of the plot. The Complainant sent letter dated 30.06.2009 to the Opposite Party stating that since she had taken a loan from the Bank and was paying interest, the execution of Sale of Deed be expedited. The Opposite Party issued letter, dated 07.10.2010, for depositing of Rs.7, 40,536.00 on or before 31.01.2010 for execution of the Sale Deed. The Complainant deposited the balance amount and on 02.12.2010, Sale Deed was executed in favour of the Complainant. The Complainant contacted office of the Opposite Party and regularly corresponded for giving of Plot, but in vain. The Opposite Party issued a letter on 01.06.2011 to the Complainant for possession of the Plot No.A-10, but Possession was not given. Thereafter, the Complainant filed a Complaint before the Lokayukta and the Vice Chairman of Gorakhpur Development Authority submitted its report on 23.10.2013 before the Lokayukta. The Opposite Party finally issued Possession letter on 22.05.2014, but denied payment of interest for delayed delivery of possession and also refund of amount for decreased area of the Plot. Aggrieved by this, the Complainant filed Consumer Complaint before the State Commission, with the following prayer-

(3.) The Complaint was resisted by the Opposite Party by filing written statement stating that delay in delivery of possession of the Plot was due to delay in deciding the land use at the level of Government. The provision of 4% rebate in the cost of the Plot of land was only valid when entire payment of the cost of the Plot was made, in lump sum, within a month. Since the payment was not made in the prescribed period, the rebate of 4% on the cost of the plot was not given to the Complainant.