AGRA VIKAS PRADHIKARAN vs AVADHPAL SINGH, ADVOCATE

THIS is an appeal against the judgment and order dated 10.3.2000 passed by District Consumer Forum-II, Agra in Complaint Case No. 27/97.

THE facts of the case stated in brief are that the complainant applied for a plot in Agra Development Authority and deposited a sum of Rs. 5,000/- as registration amount on 28.1.1989. THE plot was applied in Jawahar Puram Scheme. THE plot was reserved for the complainant and the price of the plot was indicated as Rs. 33,135/- which the complainant deposited with the Agra Development Authority alongwith Lease Rent of 90 years. THE possession of plot was delivered on 4.4.1996 and the registration has not been done so far by the Agra Development Authority. After the long time, the complainant received intimation that the cost of the plot has been increased by another Rs. 45,748.90 failing which the interest at the rate of 21% per annum shall be charged. It was indicated by the Agra Development Authority that when the amount of enhanced cost is deposited only then the registration shall be done. It was also indicated that if the complainant wants to take back the money it shall be returned after deductions of 30% amount. The opposite party, Agra Development Authority has alleged that the cost of the plot which was indicated in beginning was tentative and has now been increased. The registration of the plot shall be done only after the increased cost is deposited. It has also been alleged that in a meeting dated 14.12.1994, a reference of which has been made by the complainant, it was decided that if after the registration and taking possession of the property an allottee wants to have the amount back, then no amount shall be returned to him.

Before the learned District Consumer Forum, the parties led their evidence. The learned District Forum after considering the case of the parties came to the conclusion that the complainant shall be entitled to get the interest at the rate of 12% per annum on Rs. 19,035/- from 8.7.1996 till the date of payment. A sum of Rs. 500/- has been imposed as cost. It was also ordered that the expenditure incurred on the registry stamp paper the interest shall be payable at the rate of 12% per annum.

AGGRIEVED against this order, the Agra Development Authority has come in appeal and has challenged the correctness of the order passed by the learned District Consumer Forum.'' We have heard the learned Counsel for the parties. The learned Counsel for the appellant has argued that the cost which was indicated in the beginning was tentative and later on the cost has been increased. Unless this cost is paid the registration cannot be done. A perusal of the file will go to show that initially the cost of the plot was Rs. 33,135/- and after one year of possession the cost was increased by Rs. 45,748.90. The opposite party, Agra Development Authority should have fixed the price before handing over of the possession of plot to the complainant. It is very much difficult for a person to make provision of the enhanced amount specially when the cost has been enhanced more than 100%. Therefore, this was an unfair trade practice on behalf of the opposite party for Which the complainant cannot be allowed to suffer. The learned District Forum has rightly come to the conclusion that the increased cost cannot be realised from the complainant.

THE rate of interest at the rate of 12% per annum awarded by the learned District Forum which cannot be said to be on the higher side. THE findings of the learned District Forum are perfectly correct and judgment and order passed by learned District Forum-II, Agra require no interference. THE appeal is liable to be dismissed. ORDER THE appeal is dismissed with cost of Rs. 2,000/-. THE judgment and order of the learned District Forum are confirmed. Let compliance of this order be made within a period of two months. Let copy of this order be made available to the parties as per rules. Appeal dismissed with costs.