GHAZIABAD DEVELOPMENT AUTHORITY Vs. AJAY SWAROOP CHOUDHARI

JUDGEMENT

(1.) These are two cross-appeals against the same judgment and order dated 3.7.2003 passed by District Consumer Forum, Ghaziabad in Complaint Case No.64/1999 allowing Rs.1,00,000/- for the cost of repairs of the house allotted to the complainant with 8% interest and Rs.800/- cost of litigation.

(2.) It has been argued by the learned Counsel for the Ghaziabad Development Authority Sri Arvind Kumar assisted by Sri V. P. Rai that before taking possession no objection regarding bad construction of the house was given by the complainant/allottee, hence no cost for the repairs should be paid to him.

(3.) The complainant/allottee Sri Ajay Swaroop Choudhari's learned Counsel Mr. V. P. Sharma argued that written statement has been filed by the Advocate and he was not authorised to file the written statement. There was no affidavit or any evidence by the Ghaziabad Development Authority to deny the allegations of the complainant/allottee, hence his case is unrebutted and the decision taken by the Forum should stand.