KANPUR DEVELOPMENT AUTHORITY Vs. RAM CHANDRA

JUDGEMENT

(1.) This is an appeal under Sec.15 of the Consumer Protection Act, 1986 (hereinafter called the 'act') against judgment and order dated 16.7.2001 passed by District Consumer Forum, Kanpur Nagar in Complaint Case No.215 of 1997.

(2.) The facts of the case in brief are that the complainant deposited a sum of Rs.25,000/- on 4.3.1991 for an H. I. G. House in Barra/ratan Lal Nagar Scheme. In the draw of lottery the complainant was successful and accordingly House No.09 H. I. G. category was allotted to him. The complainant deposited a sum of Rs.84,000/- on 16.1.1992. Later, subsequent instalments were deposited and thus a total sum of Rs.2,68,000/- was deposited. The opposite party entered into an agreement in which the cost of the house was indicated as Rs.4,36,000/-. On 25.11.192 a sum of Rs.50,000/- and on 8.6.1993 a further sum of Rs.45,000/- were deposited thus the deposited amount was Rs.3,75,000/-. There were shortcomings in the house. The complainant filed the complaint for refund of deposited amount along with 18% per annum interest.

(3.) In the written statement the opposite party averred that the complainant was asked to deposit one-fourth of cost within 30 days and the rest of the cost was to be deposited with 15% per annum interest. The complainant had deposited Rs.3,75,000/- upto 8.6.1993 and the balance amount of Rs.60,945/- was not deposited even upto 5.11.1999. This way the complainant shall have to pay interest on Rs.60,000/- from 8.6.1993 to 6.11.1999 @ 18% per annum as also the lease rent of Rs.12,300/-. Possession and Registry of the property can be done only after payment of the entire amount.