GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY Vs. ASHISH DEEP

JUDGEMENT

(1.) The challenge in this appeal under Sec. 51 of the Consumer Protection Act, 2019 (in short, the 'Act') is to order dtd. 17/2/2021 in Complaint No. 68 of 2015 of the Uttar Pradesh State Consumer Disputes Redressal Commission, Lucknow (in short, 'State Commission') allowing the complaint.

(2.) We have heard learned Counsel for the parties and perused the record carefully.

(3.) The relevant facts of the case, in brief, are that the appellant had allotted an independent, built up house on plot admeasuring 120 sq m in Sector 03, XU II and XU III, Greater NOIDA vide allotment letter dtd. 6/7/2008. As per payment schedule, respondent was required to pay in instalments. On 13/9/2012 and 23/4/2013 the appellant issued a letter for execution of Lease Deed. Another letter was issued on 23/9/2014 asking for deposit of Rs.1,75,800.00 with other charges amounting to Rs.2,13,781.78 which was based upon the judgment of the Hon'ble Allahabad High Court in Gajraj and Ors. Vs State of UP and Ors., WP No. 37443/2011 dtd. 21/10/2011 directing the Greater NOIDA Authority (GNIDA) to pay a suitable, higher compensation to farmers whose lands were being acquired and to decide upon its recovery from allottees under the scheme. A Lease Deed was executed with the respondent on 9/7/2013 and a Possession Certificate issued. However, respondent did not take possession and instead filed a complaint before the State Commission challenging the demand letter dtd. 23/9/2014 and praying for (a) handing over of possession of house no B-13, Sector XU-III of scheme code BHS09 (120 sq m) along with 98.24 sq m of constructed house in finished condition; (b) Rs.35,00,000.00 for mental agony; (c) reimbursement for rent @ Rs.10,000.00 per month from 7/7/2011 till actual date of possession which, till date of complaint amounted to Rs.4,40,000.00; (d) declare demand letter dtd. 23/9/2014 as null and void; (e) compensation for delayed possession @ 24% compound interest from date of deposit till actual possession and (f) Rs.50,000.00 as litigation cost.