KANPUR DEVELOPMENT AUTHORITY Vs. KARUNA SHANKAR SHUKLA

JUDGEMENT

(1.) This revision petition has been filed by the petitioner/OP against the order dated 27.02.2013 passed by the U.P. State Consumer Disputes Redressal Commission, Lucknow (in short, 'the State Commission') in Appeal No. 1292/2009 Kanpur Development Authority Vs. Karuna Shankara Shukla by which while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant/respondent applied for a house in KDA Colony of OP and House no. L-II/87 was allotted to him in a lottery drawn on 16.6.1989. Some amount was to be paid in 56 quarterly instalments. Complainant deposited money time to time and possession of house was also handed over to the complainant on 29.9.1992. Later on, complainant came to know that complainant was required to deposit instalments from 1990, whereas agreement was executed in the year 1992 and thus, he deposited excess amount; even then, OP has not executed and registered sale deed in favour of the complainant. OP contested complaint and submitted that complainant failed to deposit instalments in time so sale deed could not be executed in his favour and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to pay Rs.28,000/- along with 10% p.a. interest and further directed to execute sale deed and get it registered in favour of the complainant. Appeal filed by the OP was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed along with application for condonation of delay.

(3.) Heard learned Counsel for the petitioner on application for condonation of delay and perused record.