GHAZIABAD DEVELOPMENT AUTHORITY Vs. NEETA

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 4.12.1993 passed by District Consumer Forum, Ghaziabad in Complaint Case No.459/1993.

(2.) The facts of the case stated in brief are that the complainant applied for a plot of 162 sq. mts. in Pratap Vihar Scheme in 1986. She was declared a successful allottee and deposited a sum of Rs.3,500/- as registration amount and another sum of Rs.3,500/- as reservation amount with the opposite party. By letter dated 15.6.1986 the complainant was told that the plot shall be allotted within a period of two years but no plot has been allotted till the filing of the complaint in the year 1993. It is further alleged that in February, 1990 a letter was issued by the appellant to the complainant informing her that the scheme has been changed and according to other scheme the price of the plot will have to be paid in instalments alongwith interest. In the payment scheme-cum-allotment letter, the size of the plot was reduced to 83.64 sq. mts. According to the complainant the area of the plot cannot be reduced and no interest can be charged by the appellant, Ghaziabad Development Authority. Several times complainant tried to contact the appellant at his office and also sent letters but no reply was received. It is prayed that the complainant be given a plot of area of 162 sq. mts. for a sum of Rs.34,830/- alongwith interest. She has claimed a sum of Rs.5,000/- as compensation for mental torture and another sum of Rs.5,000/- as loss suffered for non-allotment of the plot. Other reliefs which the Forum deems necessary were also claimed.

(3.) The case of the opposite party is that initially a plot of 162 sq. mts. was allotted in the year 1986 costing Rs.34,830/- of which the possession was to be given in two years' time. As the possession of the acquired property was not given by cultivators, who were in possession of the property and they filed a writ petition in the Hon'ble High Court, plot could not be delivered. This writ petition was decided against Ghaziabad Development Authority and the acquisition of the land was quashed. Thus in this way only possession of part of the property was given to the Ghaziabad Development Authority and as such the scheme had to be amended and the area of plot was reduced in order to accommodate other persons. A fresh letter of allotment dated 5.2.1990 was issued to the allottees and informed them that the cost of 83.64 sq. mts. of land which has been allotted to them was priced at Rs.17,983/-. Alongwith this letter a payment schedule was also sent. The appellant has the right to reduce the size of the plot. Thereafter by agreement dated 5.2.1990 this fact was agreed upon between the parties. Hence the complainant cannot complain about the payment of interest on the instalments. It is alleged that there is no deficiency in service on the part of the Ghaziabad Development Authority.