KM. PONNAMMA K.K. Vs. LUCKNOW DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS revision petition has been filed by the Petitioner/complainant against the impugned order dated 1.2.2008 passed by the U.P. State Consumer Disputes Redressal Commission, Lucknow (in short, 'the State Commission ') in Appeal No. 2934 of 1998 - LDA Vs. Km. Ponnamma K.K. by which, while disposing appeal, order of District Forum allowing complaint was modified.

(2.) BRIEF facts of the case are that complainant/petitioner was allotted Plot No. 3/157 in a draw dated 31.12.1984 at the estimated cost of Rs.46,501/ - by OP/Respondent. Complainant earlier deposited Rs.12,100/ - and deposited Rs.34,401/ - on 28.5.1985 instead of 31.3.1985. She was asked to deposit money on different dates in different heads and she deposited some amount according to Rules of L.D.A. Complainant was entitled to get 4% p.a. interest on money deposited, but as interest has not been paid to her and OP was delaying registration, complainant filed complaint with a prayer that OP may be directed to get sale deed registered. OP filed written statement and submitted that complainant is required to deposit interest as per rules and he has not supplied stamp papers; hence, registration could not be done and prayed for dismissal of complaint. Learned District forum after hearing both the parties allowed complaint and directed OP to return excess interest received from complainant along with 18% p.a. interest and further directed OP to inform complainant, as to the value of the stamp papers to be deposited and other formalities required to be completed for registration of sale deed. Appeal filed by the OP/respondent was partly allowed by learned State Commission vide impugned order and order of District forum was modified against which, this revision petition has been filed.

(3.) LEARNED State Commission has observed in impugned order that complainant has not deposited freehold charges, sewer charges, etc. as per rules and has not given stamp papers and in such circumstances, it would not be possible to handover possession of the plot after carrying out registration.