JAGANNATHI DEVI Vs. LUCKNOW DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The present First Appeal has been filed under Sec. 19 of the Consumer Protection Act, 1986 (hereinafter referred as 'the Act') against the Order dtd. 1/9/2021 passed by the learned State Consumer Disputes Redressal Commission, U.P. Lucknow (hereinafter referred as 'the State Commission'), in Consumer Complaint No.131 of 2000 filed by the Appellant/ Complainant wherein the State Commission partially allowed the complaint and directed the Respondent/Opposite Party to pay Rs.3,40,000.00 with interest @ 10% from 24/2/1999 till the date of actual refund. The Opposite Party is also directed to pay Rs.50,000.00 towards mental harassment and Rs.20,000.00 towards cost of the suit. The entire said amount shall be paid within 30 days from the date of judgment, failing which the rate of interest shall be 12% per annum.

(2.) The delay of 55 days in filing the present Appeal has been dealt with vide Order dtd. 16/3/2023 passed by this Commission and it was treated to have been filed within limitation.

(3.) Brief facts of the Case are that in the year 1990 the Opposite Party notified a housing scheme in the name and style of "Kanpur Road Yojna ke Antargat Sector H me Bhawnon ke Panjikaran Hetu". The complainant secured her registration for an allotment of MIG built up house by depositing the prescribed registration amount of Rs.15,000.00 on 22/8/1990. Accordingly, an MIG house under Self Financing Scheme at Kanpur Road (Sector H) on 30/7/1991 was allotted to the complainant. On 18/9/1991, the OP had issued a formal allotment letter of MIG house number 3/658, in Kanpur Road Scheme (Sector-H) under the Self Financing Mode of Payment, at an estimated cost of Rs.340,000.00. Vide the said allotment letter dtd. 18/9/1991, the complainant was required to deposit five quarterly instalments of Rs.61,000.00 each latest by 15/1/1993.