RAM CHANDRA GUPTA Vs. GHAZIABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Both these appeals have been filed by the parties against common judgment and order passed by District Consumer Forum, Ghaziabad in the Complaint Case No.667/1993. The facts of the case are as under.

(2.) That the complainant/respondent applied for allotment in the Indirapuram Scheme of Ghaziabad Development Authority. The plot of size of 250/- sq. mt. was reserved for the complainant. The complainant deposited the entire price of Rs.4,20,000/- for the plot alongwith interest on 1.10.1991. Vide letter of allotment dated 19.12.1992 plot No.1/153 was allotted to the complainant. When the complainant went to the site, it was found that the plots have not even been demarcated and no development work was done at site, such as laying of roads, sewer and water line. Even the layout plan was not given by the appellant to the opposite party. Hence there has been deficiency in service on part of the appellant. Interest @ 18% per annum from the date of deposit till possession of the plot has been charged. An amount of Rs.1,00,000/- has also been demanded as compensation. Complainant has further alleged that had the plot been allotted, he would not have to pay income tax to Income Tax Department as capital gains taxes.

(3.) The opposite party has alleged that in the brochure it was mentioned that possession would be given in two years' time and the price indicated was only estimated one. As the development work could not be completed in time, therefore, the possession will be given only after completion of development and there is no deficiency of service on the part of the appellant.