GHAZIABAD DEVELOPMENT AUTHORITY Vs. COL.R.N.KALRA

JUDGEMENT

(1.) APPELLANT was the opposite party before the State Commission, where the respondent complainant, Col. R.N. Kalra had filed a complaint alleging deficiency in service on the part of the Appellant, Ghaziabad Development Authority (hereinafter referred to as GDA).

(2.) VERY briefly the facts of the case are that the complainant made an application on 17.1.1991 for purchasing of one H.I.G. house under self -financing scheme and deposited the required amount on 28.12.1991. He was informed that he has been allotted one house, approximate cost of which was Rs.2,05,000 which was to be paid as per the instalment plan. It was the case of the complainant that he deposited the entire amount, yet the possession was not given to him. It is only some time on 20.9.94 that the complainant got information that a letter has been issued by the Appellant GDA calling upon him to obtain possession of the allotted house. There is also reference that this letter was sent to complainants old address and upon re -direction, complainant received this letter on 11.10.94. Upon scrutiny of this letter it revealed that offer of possession is for MIG house instead of HIG house. It was subsequently corrected by letter dated 14.11.94. When the complainant visited the site for taking the possession in early 1995, he found that no development had taken place of the area which was brought to the notice of the Appellant and also that the construction of the allotted house also had not been completed. It is in these circumstances that a complaint was filed before the State Commission, who after hearing the parties, allowed the complaint and directed the Appellant to refund deposited amount along with interest @18% p.a. Aggrieved by this order this appeal has been filed before us.

(3.) WE heard the Ld .Counsel for the parties.