SWARN KUMAR CHADDHA @ SHARWAN Vs. MORADABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioners/complainants purchased houses from the respondent Moradabad Development Authority in an open auction. Part payment was made by them to the respondent and the balance amount was payable in four quarterly installments. The price of the houses was later increased by the respondent.

(2.) The District Administration started constructing a Post Mortem House in front of the residential colony in which the houses purchased by the complainants were situated. A PIL was filed in the Hon'ble High Court of Allahabad challenging the construction of the Post Mortem House. The High Court noted that the construction of the Post Mortem House had been started without permission from the development authority as was required under the Urban Planning and Development Act, 1973 and directed the Vice-Chairman of Moradabad Development Authority to take appropriate action in accordance with law. The case of the petitioners is that the project for construction of the Post Mortem House was then abandoned by the District Administration.

(3.) Since the complainants/petitioners did not make payment of the installments in terms of the agreement with the respondent, an additional demand on account of interest was raised. The complainants challenged the aforesaid demand before the District Forum by way of separate consumer complaints. The additional demand on account of increase in the price of the houses was also challenged.