GANPAT NARAIN Vs. GHAZIABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This appeal has been filed by the appellant against the order dated. 6.5.2015 passed by the learned U.P. State Consumer Disputes Redressal Commission, Lucknow (in short, 'the State Commission') in Consumer Complaint No. 183/2013 Ganpath Narain Vs. GDA by which, complaint was disposed of and complainant was directed to file complaint before District Forum.

(2.) Brief facts of the case are that complainant/appellant was allotted HIG house by OP/respondent on 6.4.2009 at approximate cost of Rs.29 lakhs including registration amount of Rs.1,45,000/-. As per allotment letter, complainant deposited last instalment no. 4 on 30.4.2010, but OP by letter dated 27.8.2012 enhanced cost of house and demanded Rs.4,06,000/- additional and Rs.43,200/- as lease rent which were also deposited on 30.9.2012. It was further submitted that possession was given on 29.10.2013, whereas it was to be given on 7.8.2009. Alleging deficiency on the part of OP, complainant filed complaint for grant of interest @ 18% p.a. which comes to Rs.21,84,835/- and refund of Rs.4,66,000/-. OP resisted complaint and submitted that as per Condition No. 15.20 of Anubandh possession, possession was to be given after construction of house, so, there was no delay in delivering possession. It was further submitted initially approximate cost of house was mentioned in the allotment letter, but later on final price was demanded and there was no deficiency on their part and prayed for dismissal of complaint. Learned State Commission after hearing both the parties observed that claim was inflated, so, directed complainant to present complaint before District Forum against which, this appeal has been filed.

(3.) Heard appellant in person and perused record.