GHAZIABAD DEVELOPMENT AUTHORITY Vs. AMAR NATH JINDAL

JUDGEMENT

(1.) This revision petition under Sec. 21(b) of the Consumer Protection Act, 1986 (in short, the 'Act') assails the order dtd. 6/7/2012 in Appeal No. 756/03 of the State Consumer Disputes Redressal Commission, Uttar Pradesh, Lucknow (in short, the 'State Commission') allowing the appeal of the respondent/complainant and modifying order dtd. 17/2/2003 of the District Consumer Disputes Redressal Forum, Ghaziabad (in short, the 'District Forum') dtd. 31/10/2014 in Consumer Complaint no. 288/1995.

(2.) The facts as per the petitioner/Ghaziabad Development Authority (GDA) are that it notified an Apartment Scheme No. 547 for residential units in Vaishali, Ghaziabad in which the respondent/complainant applied for a residential unit by paying Rs.46,720.00 as registration. On 10/5/1989 a Type A apartment was booked at an estimated cost of Rs.4,67,000.00 to be paid in 4 instalments by 31/3/1991 with 40% payment to be made prior to the delivery of possession. Rs.1,89,491.12 was paid by 22/7/1991 and a balance of Rs.1,31,800.00 was due by 1/8/2000. On 15/8/1994 the petitioner conveyed that House no. SARYU/04 was allotted to the respondent and that the cost had been enhanced to Rs.7,07,400.00. It was stated that the delivery was likely by end 1995. 40% of the payment was to be done in 3 instalments and the balance 60% in 10 annual instalments was to be paid at the time of possession. Petitioner contends that instead of making payment as per this letter, complainant approached the District Forum claiming deficiency in service in not handing over possession in two years as promised in the brochure and increase in the total sale consideration. The petitioner therefore, offered an alternate flat in Yamuna Tower for which consent of respondent was sought with the option of full refund in the alternative. The District Forum vide order dtd. 17/3/2003, however, decreed full refund with interest @12% p.a. In appeal, the State Commission, vide order dtd. 6/7/2012 upheld the order of the District Forum with some modification. This order is impugned by way of this revision petition.

(3.) The order of the District Forum held as under: