ALLAHABAD VIKAS PRADHIKARAN Vs. RANI SHARMA

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 30.7.1997 passed by District Consumer Forum, Allahabad in Complaint Case No.544/1995.

(2.) The facts of the case stated in brief are that the complainant applied for a L. I. G. Flat in the year 1980. By letter dated 16.9.1993 the Allahabad Development Authority allotted Flat No.7 to the complainant, the cost of which was Rs.54,358/-. The possession of this flat was also given to the complainant on 25.4.1984. This was a flat of hire purchase scheme, the instalment of which was Rs.431.16 per month. The amount was to be paid in 15 years time. The complainant upto this time paid a sum of Rs.43,882.40 and a balance of Rs.10,469.60 was to be paid by the complainant. On every instalment 4% interest is also being charged which is not proper. When the complainant went to deposit Rs.10,467.60 in January, 1992 with the opposite party she was told that about Rs.60,000/- was due. The complainant was sent a notice by the opposite party demanding a sum of Rs.68,322.50 including other charges. Total sum of Rs.69,547.50 was demanded by the opposite party from the complainant. By letter dated 25.4.1995, it was intimated that the allotment has been cancelled and the possession over the house was demanded back by the opposite party. The complainant has prayed for cancellation of this notice and for recovery of Rs.50,000/- as compensation.

(3.) The opposite party in its written version has alleged that the L. I. G. House No.7 worth Rs.54,350/- was allotted to the complainant. The complainant has not paid all the instalments in time for which the complainant was informed by notice. The complainant has sold this flat to Smt. Rekha Banerjee which is contrary to the rules. It is alleged that the complainant is not a consumer and complaint is barred by limitation.