LAWS(NCD)-2007-5-63

SANJOG MAHESHWARI Vs. GHAZIABAD DEVELOPMENT AUTHORITY VIKAS BHAWAN

Decided On May 30, 2007
SANJOG MAHESHWARI Appellant
V/S
GHAZIABAD DEVELOPMENT AUTHORITY VIKAS BHAWAN Respondents

JUDGEMENT

(1.) -IN this revision, challenge by the petitioner/complainant is to the order dated 20. 2. 2007 of Consumer Disputes Redressal Commission Uttar Pradesh, Lucknow disposing of appeal against the order dated 20. 12. 2002 of a District Forum with the modification that petitioner will be entitled to interest @ 11% instead of 10% p. a.

(2.) AS may be seen from order of State Commission, the submission of petitioner before the Commission was that though he was allotted house in Rachna Scheme but that allotment was changed for a house in Vaishali Scheme without there being any request from him by the respondent/opposite party authority. Order would further show that change in allotment was made on an application dated 31. 8. 1994 filed by the petitioner. Since petitioner has not filed copy of the application dated 31. 8. 1994 he was asked to file it by the order dated 9. 4. 2007 before 24. 4. 2007 and on that date time was extended to file it before 29. 5. 2007. Instead of filing copy of application the petitioner has today filed application seeking direction to the respondent to file the original application. Petitioner is supposed to have copy of the application and, therefore, notice need not be issued for producing the original, to the respondent. Since change in another scheme was permitted at the request of petitioner he is not entitled to any compensation beyond interest on the deposited amount which has been increased to 11% p. a. by the State Commission. There is no illegality or jurisdictional error in the order passed by State Commission warranting interference in revisional jurisdiction under Section 21 (b) of Consumer Protection Act, 1986. Revision petition is, therefore, dismissed. Revision Petition dismissed.