SHASHI PRABHA Vs. NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The present Consumer Complaints have been filed under Sec. 21(a)(i) of the Consumer Protection Act, 1986 (for short 'the Act') by the Complainants against the Opposite Party, M/s New Okhla Industrial Development Authority (hereinafter to be referred to as 'the Opposite Party') seeking a direction to them to either construct the proper drainage system to stop sewage water flow from the villages, namely Sadarpur and Chhalera Bangar, District Gautam Budh Nagar (U.P) to her plot or to allot an alternative plot or to refund the deposited amount towards cost of Plot with interest and compensation.

(2.) Since the facts involved in these Complaints are similar except for minor variation in the Unit Numbers and their Sale Consideration, these Complaints are being disposed of by this Common Order. However, for the sake of convenience, the facts have been taken from the Consumer Complaint No. 669 of 2020.

(3.) Brief facts as narrated in the Complaint, are that the Opposite Party which is a Development Authority has floated a Scheme for allotment of Residential Plots in the year 2004 in the city of Noida. The Complainant, Smt. Shashi Prabha applied for allotment of a Residential Plot admeasuring 300 Sq. Mtrs. under the said scheme. In response to her Application, she was allotted Plot No. H-029 in Sector 44 of Noida for a total Sale Consideration of ?1,18,80,000. The Complainant entered into a Registered Lease Deed with the Opposite Party Authority on 15/12/2010. As per the policy of the Opposite Party, the owner of the Plot was required to erect and complete building on the leased land within a period of two years from the date of the execution of the registry of the lease deed and to also obtain Completion Certificate otherwise the owner was liable to pay penalty in terms of the policy. The Complainant got sanction plan on 12/4/12 and got water and sewer connection also on the same day. Thereafter, Opposite Party Authority issued structural approval and Occupancy Certificate. No Dues Certificate was also issued by the Opposite Party to the Complainant on 24/12/2013 on payment of outstanding amount.