AGRA DEVELOPMENT AUTHORITY Vs. SARDAR BHAGAT SINGH

JUDGEMENT

(1.) This revision is directed against the order of the Uttar Pradesh State Consumer Disputes Redressal Commission, Lucknow (in short, "the State Commission") dated 13.9.2013 in first appeal No.649/2013 whereby the State Commission concurred with the order of the District Forum, Agra and dismissed the appeal.

(2.) Briefly put, facts relevant for the disposal of this revision petition are that respondent Sardar Bhagat Singh filed consumer complaint in the District Forum, Agra alleging that in the year 1993 he was allotted flat No.33 in North Edgah Colony developed by the opposite party. As per the allotment letter the consideration amount was Rs.1,73,066.57P against which the complainant had deposited 50% amount of Rs.86,567/- and got possession of the flat. The balance amount was to be paid in installments. It is the case of the complainant that he had deposited Rs.43,000/- against the balance consideration in installments. The complainants visited the office of the opposite party in 1996 to make the balance payment of Rs.43,500/- but the concerned official of the opposite party told him that he was required to pay Rs.2,84,003/-. On 31.5.2012 the opposite party issued a notice to the complainant calling upon him to make the balance payment. According to the complainant the demand of Rs.2,84,003/- against the balance amount of Rs.43,500/- is not justified and it amounts to deficiency in service.

(3.) The opposite party resisted the claim. It was admitted that the flat in question was allotted to the complainant and possession was delivered after obtaining 50% of the consideration amount. It is alleged that the balance 50% was to be paid within five years and as per the terms and conditions of the allotment letter in the event of default in payment of installments the complainant was liable to pay 26% interest on the defaulted amount. It was alleged that the complainant defaulted in paying the installments and therefore, the demand of Rs.2,84,003/- was raised which includes the interest for the delay in payment.