MEERUT DEVELOPMENT AUTHORITY Vs. KAMLESH GAUTAM

JUDGEMENT

(1.) This is an appeal under Sec.15 of the Consumer Protection Act, 1986 (hereinafter called the 'act') against the judgment and order dated 17.10.1998 passed by District Consumer Forum, Meerut in Complaint Case No.140 of 1997.

(2.) The facts of the case are that the complainant paid a sum of Rs.10,000/- for registration of a plot in the Shatabdi Nagar Scheme on 26.8.1989. Vide letter dated 26.10.1989 complainant was informed by the opposite party that a plot has been reserved for him and on 16.11.1989 the complainant deposited Rs.25,000/- as allotment amount on 16.11.1989. Complainant received letter dated 9.11.1990 in which it was indicated that a 250 sq. mt. plot has been allotted to the complainant in Sec.5 of the Scheme, the cost of which was indicated as Rs.1,12,500/-. The complainant deposited the entire amount. In the letter sent on 9.9.1990 it was indicated that the possession shall be given in the year 1992. The allegation is that in spite of depositing the entire cost, possession has not been handed over. On inspection of the land, it was known that no development work has been done. When the complainant requested for refund of the deposited amount, it was indicated that 20% deductions shall be made as per the rules. Hence complaint has been filed.

(3.) The opposite party in the written statement alleged that the complainant has not deposited the instalments in time and instalments paid were delayed payment. It was also stated that the period for handing over possession was only tentative and no promise has been made to this effect.