GHAZIABAD DEVELOPMENT AUTHORITY Vs. SUJIT CHOWDHURY

JUDGEMENT

(1.) This is an appeal under Sec.15 of the Consumer Protection Act (hereinafter called the 'act') against the judgment and order dated 22.9.1987 passed in Complaint Case No.1161 of 1995 by the District Consumer Forum, Ghaziabad.

(2.) The complaint was initially preferred under Sec.12 of the Act by the complainant with the averments that in Plan No.539 Code 12a, Akansha II, an application was made by the complainant for allotment of a house and as prescribed, different instalments were deposited which were detailed in Para 2 of the complaint and even thereafter the increased amount of lease rent was also deposited which was detailed in Para 4 of the complaint. However, the possession on one ground or the other was not delivered and even no heed was paid to the request of the complainant by the appellant, Development Authority, for correcting the defects in the house relating to the basic amenities legally available to the complainant.

(3.) The appellant, Development Authority, on the other hand in the written statement admitted the factum of the application by the complainant for allotment of the house under the scheme and depositing of the money but the plea taken was that initially the cost of the house was Rs.2,15,000/- which was subsequently increased to Rs.2,52,000/- and the period of delivery of the possession shown as two years was only tentative and the delivery of possession could not be made because there was a stay order granted by the Hon'ble High Court of Allahabad for the period 24.4.1991 to 16.12.1993. As such the complainant, it was asserted, was not entitled for interest. It was stated during the course of arguments that the earned District Forum, after obtaining the report of the Commission (after local inspection and the report of the Commission) (page 13 C) found favour with the allegation of deficiency regarding civil amenities in the house in question whose estimated cost was assessed at Rs.45,000/- by the Commission. The learned District Forum after perusing the complaint and the written statement as well as Commission's report and hearing the submissions, passed the impugned order.