MEERUT DEVELOPMENT AUTHORITY Vs. ALKA GAUR

JUDGEMENT

(1.) This is an appeal against order dated 20.11.1989 in Complaint Case No.631/97 passed by District Forum, Meerut.

(2.) The facts of the case, in brief, are as under : that the complainant Smt. Alka Gaur's husband Sri Shashi Kumra Gaur had applied for a MIG Plot in Shatabdi Nagar, Scheme of Meerut Development Authority. An amount of Rs.8,000/- was deposited by him on 16.9.1989 as registration money. Sri Shashi Kumar Gaur was allotted a plot in Shatabdi Nagar Scheme-Phase I, Sector 5 and the plot number was 368. When the allottee Sri S. K. Gaur went to the site he found that plot had not even been ear-marked and no development was done Sri S. K. Gaur had also deposited allotment amount of Rs.20,000/-. The allottee requested the Development Authority for possession of the plot. Since no development was done, he was not given possession of the plot mentioned above. He gave a notice to the Development Authority but the Development Authority did not give any reply. The complainant's husband. Sri S. K. Gaur who was the allottee filed the complaint in the District Forum, Meerut but during the course of hearing of complaint, her husband got the case dismissed in default. Thereafter, the complainant Smt. Alka Gaur w/o late Shashi Kumar Gaur filed her certificate of legal heirship and completed all other formalities but she was not given possession of the plot in question. She requested for refund of deposited money which was not acceded to by the Development Authority. She, therefore, filed application in the District Forum, Meerut for recovery of amount deposited by her husband alongwith interest @ 24/. .

(3.) The opposite party-Development Authority Meerut pleaded before the concerned Forum that the property in question was to be delivered to the allottee in the year 1992 but because of certain circumstances, development could not be completed and possession of the plot could not be delivered. The opposite party also stated that the complainant's husband did not pay the instalments as per schedule of payment fixed by Development Authority and, therefore, the complainant is only entitled to be refunded of the money as per rules of Meerut Development Authority which lays down that 15% deductions on the deposited amount is to be made.