HATAM SINGH Vs. GHAZIABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner, Hatam Singh, booked a flat with the respondent-Ghaziabad Development Authority, in its Govindpuram Housing Scheme pursuant to an advertisement issued by the said authority on 02-10-1988. The allotment was made to the petitioner at the tentative price of Rs.1,10,000/-. The entire estimated cost of the flat was deposited by the petitioner in installments. There was some delay in constructing the flats in Govindpuram Housing Scheme and, thereafter, it was decided by the authority to allot all the flats in the said scheme to Shanti Suraksha Bal, instead of allotting the same to the individual registrants. This led to the complainant filing a complaint before the Ghaziabad District Consumer Disputes Redressal Forum (for short, the District Forum) seeking the following reliefs:

(2.) During pendency of the complaint before the District Forum, the respondent-authority offered LIG flats in Indirapuram as well as EWS flats in Vaishali to the petitioner. The price of one room LIG flat was fixed at Rs.88,000/- whereas the price of two room LIG flat was fixed at Rs.2,60,000/-. A perusal of the letter dated 24-02-1996, whereby the aforesaid offer was made, would show that the estimated cost of the flat allotted to petitioner in Govindpuram had by that time increased by Rs.180,000/-. This would indicate that it was a two room flat which the petitioner had booked in Govindpuram. However, the petitioner did not accept the alternative offers made to him and decided to pursue his complaint. The District Forum vide order dated 11-10-1999 directed the respondent-Ghaziabad Development Authority to refund the amount deposited by the petitioner along with interest on the said amount at the rate of 18% per annum from the date of deposit till the date of payment. The petitioner was also awarded Rs.2,000/- towards compensation and Rs.200/- towards cost of litigation.

(3.) Being aggrieved from the order of the District Forum the authority approached the Uttar Pradesh State Consumer Disputes Redressal Commission (for short, the State Commission) by way of an appeal. Vide impugned order dated 27-03-2006 the State Commission reduced the rate of interest from 18% to 9% per annum and it was also directed that the interest would be paid from the date of deposit of the last deposit till the date of payment. Being aggrieved from the order of the State Commission the complainant/petitioner is before us by way of this revision petition.