MEERUT DEVELOPMENT AUTHORITY Vs. RADHIKA

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against order dated 19-06-2012 passed by the learned State Consumer Disputes Redressal Commission, Uttar Pradesh (in short, 'the State Commission') in Appeal No. 293/2011 Meerut Developmente Authority Vs. Smt. Radhika, by which while dismissing appeal order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant/respondent applied for a house in Shatabdi Nagar Housing Scheme floated by opposite party/petitioner in the year 1989 and deposited Rs.20,000/- with opposite party on 16-09-1989. Opposite party allotted House No. B-17 measuring 112 sq. m. to the complainant at a price of Rs.1,80,000/-. Complainant deposited Rs.30,000/- on 06-01-1990 as per allotment letter. Later on opposite party enhanced cost of house to Rs.2,48,653/- and complainant deposited Rs.8,277/- on 04-08-1993 and Rs.90,000/- on 07-01-1995 with the opposite party but opposite party did not carry out any development work in the scheme inspite of repeated requests. It was further submitted that just behind complainant's house there was cultivation on account of which walls and roof of the house had deteriorated due to water logging and sewer line. Alleging deficiency on the part of opposite party complainant filed complaint before District Forum. Opposite party resisted complaint and submitted that Rs.1,80,000/- cost was initially estimated cost and final cost was fixed at Rs.2,48,653/-. It was admitted that complainant deposited Rs.20,000/- as registration money and Rs.30,000/- as allotment money but complainant committed default in payment of installment and inspite of repeated letters did not pay outstanding installments so allotment was cancelled and intimation was sent vide letter dated 07-04-2005 in which it was clearly mentioned that if complainant was willing to revive her allotment she should submit application within one month for consideration and no request will be entertained after the stipulated date. Complainant submitted the application for revival of her allotment and also sought information about total cost of the house and opposite party vide letter dated 31-01-2007 intimated to the complainant that present cost of the house is Rs.7,92,500/- which after adjusting earlier amount may be paid latest by 10-02-2007 and also give consent for revival. Complainant did not deposit payment and there was no deficiency on the part of opposite party and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed opposite party to complete development work within one month and execute Sale Deed of disputed house in favor of complainant on the original cost after adjusting money already deposited without charging any interest or penalty. Opposite party was further directed to pay interest @ 15% p.a. on money deposited by complainant and was further directed to pay Rs.5,000/- as compensation and Rs.3,000/- as cost of litigation. Appeal filed by opposite party was dismissed by learned State Commission vide impugned order, against which this revision petition has been filed.

(3.) Heard learned Counsel for the parties finally at admission stage and perused record.