JEETENDER KAUR Vs. NOIDA AUTHORITY MAIN ADMINSTRATIVE BLOCK

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 30.07.2013 passed by the U.P. State Consumer Disputes Redressal Commission, Lucknow (in short, 'the State Commission') in Appeal No. 2600 of 2011 Jeetender Kaur Vs. The Chairman, NOIDA Authority by which, appeal filed by complainant was dismissed.

(2.) Brief facts of the case are that Complainant/Petitioner applied for a residential flat and Flat No. 12-A, Block A-5, Sector 71 was allotted on 3.6.2002 on the then cost of Rs.5,25,000/-. A sum of Rs.40,000/- as registration amount and a sum of Rs.98,000/- as allotment money was deposited by the Complainant and the remaining amount was to be deposited by the Complainant in 16 half yearly installments along with interest. The Complainant filed a complaint case no. 1133 of 2003 before the District Consumer Forum, Gautam Budh Nagar for taking the possession of the flat which was decided on 21.06.2004. An appeal no. 1496/2004 was preferred by the NOIDA against the order which was decided on 21.02.2006 by State Commission. State Commission provided in the said judgment that if the appellant of this appeal Smt. Jitender Kaur deposits the total amount of installments with simple interest within one month from the date of judgment i.e. 21.02.2006 with NOIDA, the penal interest shall not be charged and the possession would be delivered within one month from the date of deposit on completion of all the formalities and the sale deed shall also be executed simultaneously and if the said amount is not deposited then the NOIDA may give the said flat to any other applicant. The complainant instead of complying the aforesaid judgment of State Commission went in Revision before the Hon'ble N.C.D.R.C. wherein an interim order dated 29.3.2006 was passed stating therein that the respondent i.e. NOIDA is directed to handover the possession of the flat in question, if the construction is completed without insisting for payment of simple interest as awarded by the State Commission on an undertaking by the petitioner that in case the revision is dismissed, the petitioner shall pay the same. The alleged Revision No. 698 of 2006 was decided by the Hon'ble NCDRC on 24.2.2010 wherein the following order was passed;

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