LAWS(NCD)-2008-8-31

PUNJAB NATIONAL BANK Vs. MEERUT DEVELOPMENT AUTHORITY

Decided On August 26, 2008
PUNJAB NATIONAL BANK Appellant
V/S
MEERUT DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) Complaint in this case has been filed by the complainant Punjab National Bank alleging deficiency in service on the part of the opposite party, Meerut Development Authority (hereinafter referred to as MDA).

(2.) Undisputed facts of the case are that in response to an advertisement floated by the opposite party MDA, the complainant applied for booking of 15 HIG flats in Begum-Bagh Residential Scheme and deposited a sum of Rs. 8.25 lakh being the registration amount of these 15 flats as also deposited the balance cost of the 15 flats amounting to Rs. 88,01,955 on 24.10.1990. The opposite party, vide letters dated 18.8.1992, 7.6.1993, 13.7.1995, kept assuring the complainant about handing over the possession of the said flats in March 1993, March 1994 and Sept. 1995 respectively, and finally when the flats were offered in 1996, they were without some of the basic facilities like tiling, sanitary fittings, wiring of electricity, etc. which work was directed to be got done by the complainant at their own cost. The possession of the flats was offered on 2.1.1997, after a lapse of over six years. After taking over the possession of the flats on 7.1.1997, the complainant wrote to the opposite party to pay it interest @ 18% p.a., compounded quarterly, for the period from 1.4.1993 to 31.12.1996 as compensation for delayed delivery along with the amount of Rs. 6,92,489 spent for removal of the deficiencies in the flats and damages of Rs. 5 lakh. When no satisfactory response was forthcoming from the opposite party, this complaint was filed for granting the following amount: <FRM>JUDGEMENT_284_CPJ4_2008_1.html</FRM>

(3.) The complainant also attached a copy of the brochure as also the copies of the correspondence exchanged between the parties.