GHAZIABAD DEVELOPMENT AUTHORITY Vs. SATYA NARAYAN

JUDGEMENT

(1.) This revision petition has been filed against the order dated 20.10.2010 passed by the U.P. State Consumer Disputes Redressal Commission, Lucknow (in short, 'the State Commission') in Appeal No. 1601 of 2003 GDA Vs. Satya Narayan Tyagi by which while dismissing appeal, order of District Forum allowing complaint was affirmed.

(2.) Brief facts of the case are that complainant/respondent was allotted House No. 144/A in Gyan Khand 4 of Indirapuram Scheme at the estimated price of Rs.5,50,000/- and complainant was required to deposit the entire amount by 15.10.1998, but he deposited the entire payment by 15.7.1997 and obtained possession of the house. After 3 years and 3 months, petitioner/OP asked the complainant to deposit additional Rs.1,95,645/- and Rs.922/- as earlier price was only tentative. Complainant further alleged that after getting possession of the house, OP has neither fixed a brick nor put a nail in the house but demanded money and under compelling circumstances, under protest complainant deposited money with the OP. In such circumstances, complainant filed complaint for refund of the aforesaid money. OP did not file written statement before the District Forum and District Forum proceeded ex-parte against OP, but OP filed written arguments and learned District Forum after considering written arguments filed by OP allowed complaint and directed the petitioner/OP to refund the aforesaid amount along with 8% p.a. interest. Petitioner filed appeal before the learned State Commission which was dismissed by impugned order against which this revision petition has been filed.

(3.) Heard Learned Counsel for the parties and perused record.