ANIL KUMAR GOEL vs VICE-CHAIRMAN, GHAZIABAD DEVELOPMENT AUTHORITY

THE complainant has prayed for taking back the possession of flat and for refund of Rs. 1,70,000/- together with 18% per annum interest and for cost of Rs. 10,000/-.

THE facts of the case stated in brief are that the complainant applied for a residential flat at Sanjay Nagar under Sanjay Nagar Housing Scheme at Ghaziabad from the Ghaziabad Development Authority. He paid a sum of Rs. 17,010/- towards the application money on 28.1.1989. THE complainant was informed by the Ghaziabad Development Authority that the flat has been allotted to him and the remaining amount was to be paid in five instalments. THE complainant paid the entire amount as demanded by the Ghaziabad Development Authority. By letter dated 28.8.1992 received on 8.9.1992 the complainant was asked to make the payment failing which the allotment shall be cancelled. THE complainant visited the office of the opposite party and found that the same flat has been allotted by the opposite party to one Mr. Routella after receiving the entire amount with 18% interest thereon. THE respondent had already handed over the possession of the other flats to all the allottees. On 12.3.1993 the flat was surrendered by him and the entire amount was requested to be refunded along with interest. A preliminary objection was filed by the opposite party alleging therein that a Complaint No. 412/95 about the same flat was filed by the complainant before District Forum which has been decreed. The copy of the said complaint is on record which will go to show that about the same flat a suit was filed before the District Consumer Forum, Ghaziabad which was decreed by the learned District Forum and it was directed that the entire amount be refunded along with 18% per annum interest. A sum of Rs. 2,000/- was also awarded as compensation.

The papers filed by the complainant before this Commission go to show that the present complaint relates to the same flat. When once a complaint had already been filed withi respect to Flat No. P-133 under Sanjay Nagar Housing Scheme how the complainant could file the second complaint before this Commission. As mentioned above, the said complaint has already been decreed and if the appeal is pending that will be decided in accordance with the law. In view of the above facts, the present complaint is barred by principles of res-judicata. The complaint is liable to be dismissed. ORDER The complaint is dismissed. Let copy of this order be made available to the parties as per rules. Complaint dismissed.