MORADABAD DEVELOPMENT AUTHORITY Vs. RAGINI GUPTA

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 09.05.2012, passed by the Uttar Pradesh State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in First Appeal No. 1452/2010, "Moradabad Development Authority versus Ragini Gupta", vide which, while dismissing the appeal, the order dated 16.07.2010, passed by the District Forum Moradabad in consumer complaint No. 184/2008, filed by the present respondent, allowing the said complaint, was upheld.

(2.) Briefly stated, the facts of the case are that the complainant Ragini Gupta applied for allotment of a house in her favour to the opposite party (OP) Moradabad Development Authority, following which, an HIG Type-B Plot No. 10-D-50 was allotted to her in the draw of lots held on 14.04.2005 and an allotment letter dated 16.04.2005 was issued in her favour. The area of the plot was 351 sq. mtr. and its estimated cost was Rs.8,21,400/- @Rs.2,440/- per sq. mtr. The complainant was asked to deposit the allotment amount of Rs.1,68,480/- till 15.05.2005 and the balance amount was to be deposited in instalments.

(3.) The complaint was resisted by the OP by filing a written version before the District Forum, in which they admitted the allotment of plot made in favour of the complainant vide letter dated 16.04.2005 and the price etc. quoted therein. However, it was stated by the OP that the Mazar in question, was not a hurdle in any manner and hence, there was no need to change the allotment in favour of the complainant. It was alleged that the complainant had violated the terms and conditions of the allotment letter.