SURENDRA KUMAR SHARMA Vs. AGRA DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 28.11.2011 passed by the U.P. State Consumer Disputes Redressal Commission, Lucknow (in short, 'the State Commission') in Appeal No. 2179 of 2003 Agra Development Authority Vs. Dr. Surendra Kumar Sharma by which, while allowing appeal, order of District Forum allowing complaint was partly modified.

(2.) Brief facts of the case are that complainant/petitioner was allotted M.I.G. house by OP/respondent for a sum of Rs.1,89,000/-. Price of the house was to be deposited as per schedule of payment shown in the allotment letter. Complainant further submitted that he deposited amounts on different dates, but possession of Flat No. 89 in Indrapuram Scheme, Agra was not given to him inspite of notice. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that complainant inspite of repeated notices failed to deposit cost of the flat and ultimately by letter dated 4.2.1993; allotment was cancelled and prayed for dismissal of complaint. Learned District Forum after hearing both the parties directed OP to refund deposited amount with 12% p.a. interest and further allowed Rs.5,000/- as compensation for mental torture and cost of the case. Appeal filed by the OP was partly allowed by learned State Commission vide impugned order and grant of interest by District Forum was set aside against which, this revision petition has been filed along with application for condonation of delay.

(3.) Heard learned Counsel for the parties finally at admission stage.