LIC OF INDIA Vs. MADISETTY RAJASHEKARAM

JUDGEMENT

(1.) This is an appeal under Sec.15 of the Consumer Protection Act, 1986 (hereinafter called the 'act') against judgment and order dated 15.6.1993 passed by District Consumer Forum, Meerut in Complaint Case No.112 of 1991.

(2.) Initially a complaint under Sec.12 of the Act was filed by the complainant with the allegation that a plot No.3/33 in the Rakshapuram Housing Scheme was allotted to the complainant vide letter dated 12.7.1988. It was alleged that it was desired that the complainant should deposit a sum of Rs.26,000/- towards allotment amount which was complied with. Subsequently the scheme was available for the allottees to avail the facility of payment of instalments. The same was disclosed vide letter dated 11.1.1991 wherein it was specifically made clear that a plot measuring 300 sq. mtrs. bearing No.3/33 has been allotted to the complainant on 12.7.1988 and the total cost was Rs.1,05,000/- at the rate of Rs.350/- per sq. mt. and after deductions made he has to pay Rs.64,000/-. Through complaint it was ventilated by the complainant that instead of complying with the aforesaid letter dated 11.1.1991, the opposite party sent a notice dated 30.1.1991 alleging that he was liable to pay only the balance amount of Rs.64,000/- in six monthly instalments of Rs.8,000/- and not interest thereon. The complainant alleging that the opposite parties committed deficiency in service, a complaint has been filed before the learned District Forum.

(3.) The opposite party filed a written statement and stated that in accordance with Rule 32 of the Rules framed relating to Rakshapuram Housing Scheme, the amounts of instalments were calculated and the complainant was legally bound to pay the same. Since, instead of depositing the same amount of Rs.64,000/- in lumpsum, instalment procedure was adopted, the complainant was under obligation to pay the instalments as per the details given in Annexure 5.