MEERUT DEVELOPMENT AUTHORITY Vs. ASHOK KUMAR SOOD

JUDGEMENT

(1.) THIS revision petition has been filed by Meerut Development Authority which, having lost the case before the District Forum and the State Commission, approached this Commission. In the month of January, 1990, Ashok Kumar Sood, the complainant, deposited Rs.10,000/- for registration for getting HIG flat, upon which the OP/petitioner issued allotment letter 27.09.1999, allotting a Double Bed Room Flat No. 26 of the Group Housing Society. The price of flat was determined at Rs.3,60,000/-. From 05.07.1991 to 28.07.1997, the petitioner paid installments, total being Rs.2,80,000/-. However, there was no development. The complainant made several requests to the petitioner to give the possession of the flat, but it evoked no response.

(2.) ON 16.10.1998, the respondent informed the complainant that the work of flat No. 26 could not be completed and it was converted into Flat No.8. He was offered to have flat No.8 which was fully ready and was of the same category, in the same Scheme, which the complainant could take by paying enhanced payment. The OP made the request to the complainant to deposit the installments of the flat. The price of flat was shown at Rs.5,94,850/-. The complainant was asked to deposit the remaining amount in the sum of Rs.4,84,850/- through Forty-Eight installments. ON 11.03.200, the complainant informed the OP that he is unable to pay the enhanced amount. Since the complainant could not pay the said installments, therefore, his allotment was cancelled on 30.03.2005.

(3.) NO evidence in rebuttal was adduced before us. It is, therefore, clear that opportunity of being heard was granted to the opposite party/petitioner and, therefore, this argument must be eschewed out of consideration. Coming to the merits, learned counsel for the petitioner submitted that since the complainant failed to pay the installments, therefore, his allotment was cancelled. He contended that the petitioner had the right to enhance the price of the flat.