G D A Vs. RATAN SINGH

JUDGEMENT

(1.) This is a revision against the order dated 2.7.1994 passed by the District Forum, Ghaziabad in Complaint Case No.273/93. Earlier instead of revision an appeal against the order of the G. D. A. was filed. On scrutiny of papers it was found that the appeal has been filed against the order of the District Forum, Ghaziabad dated 2.7.1994. This order was for execution of the judgment/order dated 4.9.1993 in Complaint Case No.273/93. Since, the appeal does not lie in such cases and only a revision petition lies, the only way out is to suo motu convert the appeal into revision petition and is being decided accordingly.

(2.) The brief facts of the case are that the complainant Ratan Singh filed a complaint before the District Forum, Ghaziabad stating that in response to a scheme launched by the G. D. A. , he applied for a M. I. G. flat. The scheme floated by the revisionist was for allotment of M. I. G. type houses in a double storey complex. The complainant was successful in the draw of lots and paid instalments partly in time and partly delayed for which penal interest was also paid by him. In this way an amount of Rs.65,010/- had been deposited by the complainant till September, 1990. A possession letter was issued by the revisionist in September, 1991 and lease rent was also demanded.

(3.) On inspection of the property thus allotted, the complainant found that the total area of the house in question had been reduced by 10 sq. metres and instead of the flat being allotted in double storey the allotment of the flat was made in the triple storey. The complainant was not willing to be allotted a flat in a triple storey complex because he wanted allotment only in a double storey scheme thus, causing deficiency in service. The complainant claimed interest on the deposited amount by way of compensation alongwith the return of the amount deposited by him. The applicant-opposite party in the case contested before the District Forum that the Authority has right to change the layout of the house as also the scheme. The cost of the house can also be increased as early as only the approximate cost was given in the allotment letter.