GEORGE THOMAS Vs. GHAZIABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE complainants have filed this Original Petition against the Ghaziabad Development Authority and its officers seeking directions to hand over possession of the constructed and completed flats as per the specifications contained in Indira Puram Scheme No. 559 of each of the complainants and to further pay interest at the rate of 24% p.a. from the 31st December, 1992 till the date when possession of the completed flat was to be given to the complainants or in the alternative a direction to pay damages at the rate of Rs. 350/ - per sq. ft. being the difference between the cost of an accommodation at the time of booking in the year l989 present cost plus interest at the rate of 24% from the date of complaint.

(2.) THE controversy has arisen out of the following facts: The Ghaziabad Development Authority (hereinafter referred to as the Authority) announced "Indira puram Scheme No. 559" for construction of certain houses. The registration was opened on 27.6.1989 and closed on 31.7.1989. The salient features of the Indira Puram Scheme No. 559 (hereinafter referred to as the Scheme) were as follows:

(3.) THE complaint is contested on behalf of the Authority. The stand taken by the Authority as disclosed in the Counter Affidavit is as under : The scheme was given up due to unavoidable reasons. In terms of the brochure of the scheme the Vice -Chairman of the Authority had the power to make changes in the scheme. The allottees were sent consent letters to get flats in other schemes of Indira puram Scheme in lieu of the Scheme No. 559. The complainant No. 1, George Thomas, at his request has been allotted a flat in Kaushambi Apartments and some of the complainants have also got their refunds. In view of the difficulties of completing the scheme, an offer was made to the complainants inviting their option for flats in other schemes. Those who have taken back the money deposited by them are no longer consumers within the meaning of the Act. In place of Apartments under Scheme No. 559, Indira Puram has been built at the place stated and it is located at the back side of Kaushambi. Due to certain unavoidable reasons, the flats could not be bull t under the scheme and consent letters were sent to the allottees on 13th May, 1994 offering them flats in other schemes of Indira Puram. According to the orders of the Vice -Chairman, refunds under the scheme would be without deduction and without interest. No harassment has been caused to the complainants by the opposite parties