YOGESH KOHLI Vs. IMPROVEMENT TRUST GURDASPUR AND ORS.

JUDGEMENT

(1.) The petitioner/complainant booked a residential flat with the respondents, Gurdaspur Improvement Trust and a duplex flat no. 38 under MIG category was allotted to him on 09.04.2001. In the allotment letter, the tentative cost of the flat was shown to be Rs. 8 lakhs. The complainant paid 25% of the cost of the flat alongwith cess charges and incidental charges etc. amounting to a total sum of Rs. 1,36,555/-. The balance amount was payable in five instalments of Rs. 1,20,000/- one each payable on 19.09.2001, 19.03.2002, 19.09.2002, 19.03.2003 and 19.09.2003. It was clearly stated in para 8 of the allotment letter that the price of the flat was tentative and so were the instalments subject to upward revision in case of enhancement of the price of the land under flat or otherwise and the allottee will have to pay the additional price of the flat, if any, determined by the Trust within 30 days of the date of demand.

(2.) The petitioner/complainant made payment of Rs. 1,36,555/- to the respondent Trust on various dates. He, however, did not make payment of Rs. 1,50,000/-, which the respondent demanded from him towards the balance cost of construction. The aforesaid demand was raised on the ground that the cost of construction of the flat had gone up. The complainant approached the concerned District Forum, challenging the aforesaid demand and also claimed that there were several defects in the flats constructed by the respondent Trust. He further sought compensation alongwith possession of the flat. In the alternative, he sought refund of the entire amount paid by him alongwith interest @ 24% per annum.

(3.) The complaint was resisted by the respondent Trust primarily on the ground that the flats were constructed on self-financing basis, wherein increase in the cost of construction was to be borne by the allottees. It was further stated in the reply that the demand made by the respondent Trust was in terms of the allotment made to the petitioner/complainant.