RAM KISHORE TTWARI Vs. G D A

JUDGEMENT

(1.) Both these appeals (No.2592/98 and 2593/98) have been filed against the common judgment dated 21.9.1998 passed by the District Forum, Ghaziabad. As both these appeals arise out of the same judgment, they are being disposed of by a common judgment.

(2.) The facts of the case, stated in brief, are that the complainant booked a flat in Kaushambi Apartment Scheme under self financing scheme on 30th November, 1988. The cost of the house at that time was declared to be Rs.3,00,000/-, out of which Rs.30,010/- was deposited on the same day with the opposite party. Thereafter on 23rd March, 1989 a sum of Rs.30,000/- was deposited as reservation amount. On 5.2.1991 another sum of Rs.60,000/- was deposited. Thereafter by letter dated 23rd July, 1991 House No.103, Aravali Apartment was allotted to the complainant and indication was given to take the possession after paying a sum of Rs.45,000/-. It is alleged that same type of house to other allottees are being allotted at the rate of Rs.2,60,000/-. The complainant has not been given possession over any house. Hence he requested the opposite party to complete all the conveniences in the house and to pay interest on the amount deposited by him. The opposite party should also refund a sum of Rs.40,000/- which has been charged in excess from him and a sum of Rs.45,000/- be not realised from him and the demand be cancelled.

(3.) On behalf of the opposite party it has been admitted that the house was allotted to the complainant and he deposited a sum of Rs.3,00,000/-. It is alleged that the cost of the flat at Rs.3,00,000/- was an estimated cost and the final costing is done at the time of handing over the possession. According to the opposite party, the District Forum has no jurisdiction to decide on the escalation price of the flat. A sum of Rs.2,60,000/- has been realised from other allottees in Kaushambi Apartment Scheme Phase I while the complainant was allotted a flat in Kaushambi Apartments Phase II. On account of this fact a sum of Rs.40,000/- cannot be refunded to the complainant and the demand of Rs.45,000/- cannot be quashed.