AGRA DEVELOPMENT AUTHORITY Vs. SMT. SHAMIM MUFEES

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 14.10.2011, passed by the Uttar Pradesh State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in First Appeal No. 1961/2007, "Agra Development Authority versus Shamim Mufees", vide which, while dismissing the appeal, the order dated 20.07.2007, passed by the District Forum Agra in consumer complaint No. CC/206/05, filed by the present respondent, allowing the said complaint, was upheld.

(2.) Briefly stated, the facts of the case are that the complainant Shamim Mufees deposited a sum of Rs.60,000/- for booking a high-income group (HIG) house in Taj Nagari Yojana, Phase-I, Agra launched by the opposite party (OP), the Agra Development Authority. An allotment letter no. 2528/D/AE/P-99 dated 06.11.99 was issued by the OP Authority in favour of the complainant, according to which, the original cost of the house was Rs.5,83,013.00/- The amount required to be deposited on allotment, was Rs.56,604/- and the free-hold charges for the house was Rs.18,731/-, as stated in the allotment letter. The complainant/allottee was asked to deposit a sum of Rs.75,735/- by 05.12.99 in the Union Bank of India, failing which interest @21.5% was to be charged. After deducting a sum of Rs.60,000/- and Rs.56,604/-, the remaining amount to be deposited was Rs.4,66,407/-, payable in 10 years in 40 quarterly instalments and interest @18% was to be charged. The amount for each instalment was mentioned as Rs.25,346.25ps. The case of the complainant is that she wanted to deposit the entire amount of the house as one-time settlement (OTS) and for this purpose, she wrote various letters to the OP Authority to get the details, but she did not get any reply from them. Vide letters dated 17.11.99, 25.01.2000 and 10.04.2000, she requested the OP to deliver the possession of the said house to her and also to provide the details of the total balance amount payable. The Assistant Engineer (property) of the OP issued a letter dated 27.09.2002, as per which, the complainant was required to deposit half the amount in question till 15.10.2002. However, the said letter was received by her on 15.11.2002 and hence, there was no question of depositing the said amount by 15.10.2002. Thereafter, the complainant wrote various letters to the OP, but she did not get reply from them. Alleging that she had to pay a total sum of Rs.11,36,777/- to the OP Authority, including interest on the amount of Rs.5,83,013/-, the complainant filed the consumer complaint in question, seeking directions to the OP to pay a sum of Rs.5,34,603/- alleged to have been charged in excess than the actual price of the house, alongwith accrued interest of Rs.50,000/-, compensation of Rs.1 lakh and pendent-lite interest @18%.

(3.) The OP Authority contested the complaint by filing a written statement before the District Forum, in which they admitted the contents of the allotment letter issued in favour of the complainant, but mentioned that the complainant had failed to deposit the amount demanded by them under the one-time settlement scheme. There was no deficiency in service on their part and they had charged the requisite amount from the complainant in accordance with the terms and conditions of the allotment.