ALLAHABAD DEVELOPMENT AUTHORITY Vs. RAJNI NAGAR

JUDGEMENT

(1.) Very short issue is involved in the instant appeal. Smt. Rajni Nagar got into possession of a flat constructed by Allahabad Development Authority (for short A. D. A.) in a scheme known as Stanley Road Housing Scheme. Admittedly Rs.1,34,000/- was deposited by the allottee Smt. Rajni Nagar and she entered into possession of flat on her request on 31.10.1990. the A. D. A. has demand a sum of Rs.43,600/-, vide demand letter dated 2.5.1995 on the ground that the estimated value escalated into actual cost of Rs.1,77,600/-.

(2.) Challenging the aforesaid demand, Smt. Rajni Nagar went to the District Forum with a complaint alleging that since possession was delivered to the complainant on receiving Rs.1,34,000/- and no further amount was demanded for a period of about five years towards the alleged demand of escalated price and, therefore, calling upon the complainant to pay Rs.43,600/- was ultra vires the contract. It has been further pleaded by the complainant that time factor being essence of the contract, the A. D. A. should have no right to demand the alleged escalated price from the complainant having acquiesced to the possession of the complainant over the flat for all those years. The prayers made by the complainant found favour with the District Forum which proceeded on the basis that since the demand was made after five years of possession, the escalation was not to be chargeable as against the complainant. Aggrieved, the instant appeal has been filed.

(3.) Mr. Deepak Mehrotra assisted by Sri Ishar Hussain has been heard on behalf of the A. D. A. Mr. Yogesh Kesharwani, learned Counsel for the complainant and also Sri S. K. Nagar husband of the complainant have been heard. The entire record has been perused.