DHRUWA NARAIN SHUKLA Vs. LUKNOW DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 5.5.1998 passed by District Consumer Forum-II, Lucknow in Complaint Case No.160/1994.

(2.) The facts of the case stated in brief are that the complainant applied for a single storey house in Tikait-Rai-Talab Scheme of the Lucknow Development Authority. The complainant received an allotment letter dated 24.4.1989 by which the complainant was allotted house No.613/11. He was to deposit the rest of the amount of Rs.79,500/- in quarterly instalments. The instalments were of Rs.13,250/-. In all a sum of Rs.84,500/- had been deposited by the complainant. The complainant has not been given possession of the house and the registration of sale deed has also not been done so far. The complainant met the officials several times and met representatives of the Lucknow Development Authority for possession of house No.613/11 but no heed was paid. Ultimately the complainant went to the premises and found that unauthorised possession has been taken by some other persons and they are living in that house. The complainant informed this fact to the Lucknow Development Authority. Thereafter by letter dated 19.3.1993 the Lucknow Development Authority further demanded an additional sum of Rs.21,500/- which was intimated as escalated price. A sum of Rs.3574.40 was also demanded as interest at the rate of 21% per annum. According to the complainant on similar houses the allottees have been given possession about 1 years back. The complainant has been denied the possession. The complainant has prayed that possession of the house be handed over to him and registration of sale deed be done. He has also claimed damages and amount of rent which he had to pay on account of non-delivery of possession. In all the complainant has prayed for a sum of Rs.1,43,500/- as damages and interest paid to the Lucknow Development Authority.

(3.) The opposite party, Lucknow Development Authority, in the written reply has alleged that after the final calculation a sum of Rs.21,500/- was found due which was intimated to the complainant vide letter dated 19.3.1993. The complainant has not deposited this amount and the possession can be given to him on deposit of this amount. The costing of the house was done after completion of the house. Therefore, it was not done in the year 1990 but was done in the year 1993.