LUCKNOW DEVELOPMENT AUTHORITY Vs. DR. RAMESH CHAND CHADDHA

JUDGEMENT

(1.) These revision petitions have been filed by the petitioner against the order dated 03.02.2011 passed by the U.P. State Consumer Disputes Redressal Commission, Lucknow (short, "State Commission) in Appeals No.960/1999 and 991/2005 along with an application seeking condonation of delay of 905 days.

(2.) The facts of the case as per the respondent/complainant are that the respondent/complainant Dr.Ramesh Chandra Chaddha had purchased House No.5/837, MIG, Viram Khand, Gomti Nagar for a sum of Rs.4,27,632.00 and the sale deed had been duly executed in his favour on June 20, 1996. In normal circumstances, the possession of the house should have been handed over along with the execution of the sale deed but as pleaded by the complainant the physical possession of the house could not be handed over to him for two reasons, one of them being that there were certain defects in the house and the other that it was in unlawful possession of the LDA's employees. The respondent wrote several letters to the LDA authorities after execution of the sale deed upto June, 1998 and thereby kept on requesting time and again for delivery of possession but all his efforts were futile. He was thus obliged to file his complaint before the District Consumer Disputes Redressal Forum (I) Lucknow (for short, "District Forum"). The LDA had put up its appearance through a counsel but did not contest the complaint. As a consequence ex-parte proceedings were drawn up by the District Forum and the complaint decided.

(3.) The District Forum vide their order dated 03.02.1999 while allowing the complaint passed the following order: