MEERUT DEVELOPMENT AUTHORITY Vs. S R MISRA

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 11.5.1999 passed by District Forum, Meerut in Complaint Case No.637/1997. The facts of the case, stated in brief, are that the complainant applied for a plot of land on 19.11.1985 in Sector 8 of Shatabdi Nagar Yojna of Meerut Development Authority and after depositing Rs.10,000/- as registration fee. By letter dated 29.3.1990 the complainant was informed by Meerut Development Authority that a plot has been reserved for him. By letter dated 24.4.1992 the complainant was informed that plot No.2/ 91 has been allotted to him and by subsequent letter dated 16.2.1994 he was promised possession of the house latest by April, 1995. Believing the words of Meerut Development Authority, the complainant deposited the entire amount towards the cost of the plot in instalments but in spite of his retirement, the possession of the plot has not been given to him. Thereafter he was informed by Meerut Development Authority that possession cannot be given of this plot on account of incomplete development work and the complainant can get another plot in lieu of this plot if he consents to do so. The complainant did not agree to this proposal and asked for refund of the money. The complainant had also claimed damages and expenses of litigation.

(2.) In the written statement it was mentioned that due to some unforeseeable reasons, the development work could not be completed and hence possession could not be delivered. As the complainant did not agree for another plot, therefore, the amount can be refunded in accordance with the rules.

(3.) The learned District Forum, after hearing the learned Counsels for the parties and perusing the evidence on record, came to the conclusion that the entire amount is to be refunded to the complainant alongwith 15% per annum interest and cost of the litigation. Learned Counsel for the appellant has also been heard in the present case. According to the learned Counsel due to certain unforeseeable reasons, the development work could not be completed and possession could not be delivered to the complainant. On query by the Commission it was disclosed by the learned Counsel that possession has not been delivered till today. The learned District Forum has considered each and every fact and every aspect of matter and has rightly come to the conclusion that the entire amount alongwith interest is to be returned.