JYOTI CHOPRA Vs. GHAZIABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The Ghaziabad Development Authority (GDA), opposite party in this case, launched a housing scheme called Indira Puram for the development of plots and construction of apartments/houses in Ghaziabad as per terms and conditions in the brochure (Annexure B ). Miss Jyoti Chopra, hereinafter referred to as the complainant, applied on 31.7.89 for allotment of a plot. She deposited a sum of Rs.42,020/- alongwith the application by means of a cheque drawn on Bank of Maharashtra, Asaf Ali Road, Delhi payable at Ghaziabad. Possession of the plot was to be delivered to the complainant by about July '91. She made payment of various 'amounts totalling Rs.5,12,070/-. Vide letter dated 19.12.92, the complainant received intimation that she had been allotted plot in Shakti Khand, Sector 2/61. She was, however, not delivered possession of the said plot for another one year i. e. upto December, '93. In fact, the complainant came to know that development work of the plots had not been carried out and there was no prospect of the possession being delivered in the near future. She, accordingly, requested vide her letter dated 1.1.94 for the refund of the amount deposited by her. She also furnished an affidavit on 8.2.94 as required by the opp. party. Having failed to receive the amount, she caused legal notice dated 18.8.94 to be served asking for refund of the amount together with interest @ 24%, Rs.50,000/- as compensation and Rs.11,000/- as costs of litigation. Ultimately, the present complaint was filed on 12.12.94.

(2.) In the written version filed by GDA, it was stated that no part of cause of action had accrued at Delhi and the FORA in Delhi had no territorial jurisdiction. With regard to period of delivery of possession it was stated that the period of two years mentioned in the brochure was only tentative and no firm date was fixed for the delivery of possession. The receipt of the amount and request for its refund were admitted. It was further stated that the GDA was entitled to deduct 25% of the registration amount of Rs.42,000/-, which works out to Rs.10,500/-, and the balance amount of Rs.4,92,109/- was being refunded. With regard to payment of interest, it was stated that there was no stipulation with regard thereto in the brochure and no interest was payable in the event of cancellation/surrender of the plot.

(3.) We have heard both the parties and have gone through the record including the written note submitted by Mr. A. P. Gupta, Advocate for the complainant.