L.P. KULSHRESHTHA Vs. AGRA DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Petitioner/Complainant being aggrieved by order dated 15.7.2011, passed (in First Appeal No.1780 of 1995) by Uttar Pradesh State Consumer Disputes Redressal Commission, Lucknow (short, "State Commission") has filed the present revision petition under section 21(b) of the Consumer Protection Act, 1986 (short, 'Act')

(2.) Brief facts of the case are that Petitioner had booked an HIG house in the Church Road Housing Scheme of the Respondent/Opposite Party, by depositing a sum of Rs.8,000/- on 31.8.1979, but respondent did not commence the said scheme in time. Upon petitioner's submitting an application to the Superintendent Property, he was told that his registration for a High Income Group House on the Church Road was existing with Registration No.1752/Bhawan/77, but respondent had not allotted him any house till now. Since, respondent was allotting houses in the Indrapuram Housing Scheme at that time, the petitioner submitted an application on 11.5.1988 with a request to transfer his registration to the Indrapuram Scheme, Agra, for which registration amount was Rs.24,000/-. Therefore, he had deposited a further sum of Rs.17,000/- for the purpose of transfer. Based on this, respondent informed him about allotment of house No.10 in Indrapuram Scheme with registration No.17/Bhawan/HIG/77, vide its letter dated 30.8.1989 and also advised him to deposit Rs.49,300/- towards installment. In pursuance thereof, petitioner deposited a sum of Rs.49,300/- on 4.10.1989. Thereafter, he had deposited a sum of Rs.1,49,000/- including interest for delayed payment on 30.11.1990 after obtaining loan from Andhra Bank.

(3.) When petitioner visited the site of house No.10, it was found that respondent was not constructing HIG House No.10. On petitioner's lodging a complaint with the respondent, he was allotted House No.9. As per terms of the respondent, the house was to be allotted within one year, but it had not done so, whereas it was levying interest @ 21% per annum for delayed payments. At the time of registration, price of the house was fixed at Rs.2,74,000/-, but vide letter dated 20.2.1993 of the respondent, the petitioner was informed that price has at that time become Rs.3,19,623/- and the allottee should give his consent to the respondent for taking the house at the enhanced rate. Petitioner had taken loan for payment of the installments on which he was required to pay interest. Because of failure of the respondent in giving possession of the house, petitioner had to stay in a rented house. Had he got the house in time, he would not have been required to pay rent of Rs.1,500/- per month. Therefore, he had no option but to inform the respondent, vide his letter dated 21.4.1993 that he did not require the house and that his money be refunded along with interest @ 21%. The respondent refunded a sum of Rs.2,16,200/- after deducting Rs.8,000/- towards 30% of the registration money of Rs.25,000/- on 23.12.1993, due to which he has suffered a loss of Rs.8,000/- on his principal amount. Thus, petitioner prayed for refund of Rs.4,17,037/- (the entire principal amount) with interest and Rs.50,000/- towards mental torture and expenses incurred.