VIJAI SHANKAR SHUKLA Vs. LUCKNOW DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE complainant has filed this complaint under Section 21 of the Consumer Protection Act,1996 (for short the Act). According to the allegations contained in the complaint, the complainant is a legal practitioner earlier residing at Unnao. He had no residential house in Lucknow either in his name or in the name of his family members. The Lucknow Development Authority (for short LDA) is engaged in serving the public in the matter of providing housing facilities by acquisition of land, developing sites and constructing houses flats for benefit of the public. In January 1983 LDA announced for the construction and sale of flats in multi-storeyed building at La Place and Butler Place in Lucknow on "no profit no loss" basis. For this purpose LDA issued a brochure containing the conditions and rules. According to the brochure the approximate cost of a flat was Rs. 2.25 lakhs and the estimated period for completing the construction was 2 years. LDA kept the right of "non-refund" of the money received from the allottee in case the construction was held up due to some unavoidable circumstances. The mode of allotment of the flats originally announced in the brochure was under the following two heads:

(2.) THE Complainant applied for a fiat at La-Place site under the general scheme and deposited Rs. 20,000/-on 7.2.1983 at the time of the registration. LDA acted arbitrarily by not allotting any flat to the complainant in the general scheme; Consequently On 30th June, 1985 the complainant moved an application to the then Chief Minister of Uttar Pradesh for transferring his case into cash down self-financing scheme. LDA allotted a flat to the complainant vide order dated 5th November, 1985 in self-financing scheme and asked him to deposit the remaining registration fee of. Rs. 30,000A along with interest of Rs. 6,000/- at the rate of 16% per annum from 7th February, 1983. The complainant deposited the above further amount on 26th December, 1985. On 6th June, 1986 LDA allotted flat No. l/l to the complainant on the first floor of Kailash Tower but arbitrarily increased the cost of the flat from Rs. 2.25 lakhs to Rs. 2.85 lakhs and asked the complainant to pay the enhanced amount within a period of three months. On 3rd May, 1986 LDA again increased the cost of the flat to Rs. 3.50 lakhs and demanded Rs. 30,000/- more from the complainant and asked him to pay the said amount by 31st May, 1986 failing which interest would be charged. The complainant had no option except to pay the remaining amount of Rs. 1,94,000/- on 5th May, 1986 and Rs. 41,000/- on 14th June, 1986.

(3.) THE complainant has also complained that the construction work is of poor standard and not according to the terms and conditions of the con tract. No safety precautions have been taken. No iron on grills have been provided in store room, windows, ventilators, connecting gallery and in adjoining door etc. The complainant is said to have spent about Rs. 20,000/- in fixing iron-grills in those places for the safety purposes.