LAWS(NCD)-1999-11-146

AGRA DEVELOPMENT AUTHORITY Vs. LAKSHMI NARAYAN GUPTA

Decided On November 25, 1999
AGRA DEVELOPMENT AUTHORITY Appellant
V/S
LAKSHMI NARAYAN GUPTA Respondents

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 18.6.1999 passed by District Consumer Forum-I, Agra in Complaint Case No.748 of 1996. The complainant has filed this complaint for refund of the amount deposited by him with the Agra Development Authority, opposite party, alongwith interest.

(2.) The facts of the case stated in brief are that the complainant deposited a sum of Rs.15,000/- on 8.8.1990. By letter dated 27.8.1990 the opposite party further demanded a sum of Rs.6,750/- as enhanced amount of allotment money which was also paid on 9.9.1991. Thereafter, the complainant was informed by the opposite party that one MIG house has been allotted to him. A further demand of Rs.21,750/- was made as reservation money which was deposited by the complainant on 27.4.1992. Thereafter the complainant was informed by the opposite party that house No.11 under the Shastripuram Scheme has been allotted to him. A further demand of Rs.21,750/- was made from the complainant as allotment money and lease rent for a period of 90 years. This amount was also deposited on 27.1.1993. In this way the complainant had deposited a sum of Rs.73,918/- in all.

(3.) At the time of allotment of the house, it was assured by the opposite party that the possession of the house will be delivered fully developed with all the facilities within a short period. According to the complainant, when he visited the house on 4.10.1996, it was found that the house was not complete and there were many deficiencies in the house like doors were not fitted, flooring and plastering on the walls was not done properly, there was no boundary wall etc. The material used was also not of standard quality.