MANJU GOEL Vs. GHAZIABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) - This is a complaint against the Ghaziabad Development Authority (for short G.D.A.) seeking 18% interest on the amount paid for the allotment of flat from the time the flat was allotted till possession was eventually given, in addition to compensation of Rs. 1,000/- per month during the period of the delay and Rs. 5,000/- as costs. She also claimed that the flat required white washing and repairs.

(2.) The facts of the case as stated by the complainant and not disputed by the opposite party, in brief, are that Smt. Manju Goel, the complainant herein, registered with the G.D.A. for a flat in Sanjaynagar, Ghaziabad, by paying Rs. 38,010/- as first instalment on 8.12.1988. She was informed that a house was reserved for her in Sanjay Nagar Self-Financing Housing Scheme, and was asked to pay four more instalments of Rs. 76,000/- each every six months till 30.12.1990. She duly complied with the same. But, she did not hear anything further from the opposite party till after about 3 years, from the date of reservation when an allotment letter was sent to her allotting flat No. B-34, and asking her to pay a sum of Rs. 61,957/- before taking possession, between 1.11.1991 and 30.11.1991. When she went to see the above mentioned house /flat, to her astonishment she found the premises occupied by someone else. She asked for an explanation from the Ghaziabad Development Authority on this point and also as to how they arrived at the figure of extra payment of Rs. 61,957/ -, but did not get any reply. This was in October, 1991. She persisted to communicate with them through registered letters, evoking no response. Eventually she paid the sum of Rs. 61,957/- on 20th November, 1991, lest allotment to her gets cancelled. Again on 9.12.1991 she wrote saying that legal action will be taken against them if they do not give vacant possession of the house, but without any response or action from the opposite party.

(3.) A consumer dispute arose from these facts and on 10.1.1992 she decided to approach this Commission for due relief. She has prayed for 18% interest on the total amount deposited by her i.e. Rs. 4,41,957/- from the date of her rightful entitlement over the house No. B-34, Sanjaynagar, i.e. 30th November, 1991 when full payment was made, till vacant possession of the above is given. Also by way of compensation Rs.1,000/- per month from 30.11.1991 till possession, for mental agony and harassment caused to her by the act of the opposite party and a sum of Rs. 5,000/- being the cost of presenting the complaint were also. The reason given for approaching the National Commission, (and not going to the State Commission) is that the present value of the flat is Rs. 12,00,000/- and she has not been delivered vacant possession of the flat till the filing of the complaint so this Commission has jurisdiction to entertain the complaint. It may be mentioned here that the petitioner was delivered possession of the flat during the pendency of the complaint.