MEERUT DEVELOPMENT AUTHORITY Vs. JAGDISH CHAND GUPTA

JUDGEMENT

(1.) Heard Mr. Rachit Mittal, Advocate, for the petitioner and Mr. Nitin Chandran, Advocate, for the respondent.

(2.) Aforementioned revision was filed from the order of Uttar Pradesh Consumer Disputes Redressal Commission, Lucknow, dtd. 16/12/2010, passed in First Appeal No.1397 of 2010 (arising out of order of District Consumer Forum, Meerut, dtd. 8/6/2010, passed in Consumer Complaint No.207 of 2005) whereby the complaint filed by the respondent was allowed and the petitioner was directed to allotment an alternative plot, in Shraddhpuri Residential Scheme, Meerut and handover possession over it the respondent. The petitioner was further directed to pay interest@12% per annum, on the deposit of the respondent, Rs.5000.00 as compensation for mental agony and harassment and Rs.3000.00 as the cost of litigation and the appeal was dismissed. This Commission, vide judgment dtd. 13/7/2020, modified the orders of Foras below and permitted the petitioner to charge price of the alternative plot as was the price prevailing on 8/6/2010, i.e. the date of order of District Forum and directed the respondent to deposit this price of the plot within three months.

(3.) After order of this Commission, the petitioner offered alternative plot on 29/12/2020, for sale price of Rs.7552942.00 to the respondent, in terms of the order dtd. 13/7/2020. The respondent, however, failed to deposit the aforesaid price, within the time allowed by the petitioner. The respondent, therefore, filed aforementioned miscellaneous application, for refund of entire amount of Rs.110880.00 with interest @12% per annum. The respondent has not filed proof of deposit of Rs.110880.00 with the petitioner along with this application.