G.D.A. vs KANAK AGARWAL

THIS is an appeal against the judgment and order passed on 22.12.1993 by District Consumer Forum, Ghaziabad in the Complaint Case No. 40 of 1993.

FACTS of the case stated in brief are as under : The complainant applied and obtained registration in Sanjay Nagar Housing Scheme in 1988 for a MIG Type double storey flat and deposited a sum of Rs. 65,000/- from time to time according to the terms of brochure of the scheme. The appellant Ghaziabad Development Authority converted the scheme into a three storey type and also increased the cost of the flat. The complainant wishes that the appellant should be ordered to deliver possession of the flat immediately and no amount against the enhanced cost be realised from the complainant. The complainant has also claimed Rs. 25,000/- as damages towards conversion of the housing scheme from double storey to triple storey type alongwith Rs. 5,000/- on account of compensation. The complainant has also asked for payment of interest @ 18% p.a. on Rs. 65,000/- from 24.10.1990.

The appellant has alleged that the estimated cost was quoted as Rs. 65,000/-. The complainant has not deposited the penal interest on late deposits of the instalments.

AFTER the final costing was done, the cost of the flat was increased to Rs. 78,698/- and the complainant was asked to pay the excess amount alongwith lease rent which was not deposited and also did not present herself for taking possession of the flat on 15.10.1991. The complainant herself is at default and there is no deficiency in service on part of Ghaziabad Development Authority, the appellant. It has further been alleged by the appellant that the complainant was ready to take a flat in the three storeyed building. The complainant is not entitled to get damages or payment of interest. District Consumer Forum, Ghaziabad, after considering the facts of the case came to the conclusion that Ghaziabad Development Authority will pay interest @ 18% p.a. on Rs. 65,000/- from 1.11.1990 to 14.9.1991. It was further ordered by the learned Forum that after receipt of the above amount, the complainant will deposit within 15 days rest of the amount towards increased cost of the flat alongwith lease rent after which within a period of one month the complainant will take possession of the flat. The appellant was also directed to pay Rs. 500/- as compensation and complete the arrangement for proper supply of water and electricity.

AGGRIEVED against the order of the learned Forum, the appellant Ghaziabad Development Authority has come up in the appeal challenging the correctness of the order passed by the District Forum, Ghaziabad. We have heard the learned Counsels of the parties and have perused the records. Learned Counsel for the appellant argued that cost of the flat indicated as Rs. 65,000/- in the brochure was tentative and after construction was completed, final costing was arrived at Rs. 78,698/- which the complainant was bound to pay within the period demanded by the appellant. He has further argued that at present the complainant is prepared to take the flat in the triple storeyed building. Learned Counsel for Ghaziabad Development Authority has also argued that all the amenities have been developed and they are available in the colony.

ON the other hand learned Counsel for the complainant has argued that the work of sewer line is not complete. The windows, doors etc. have not been fixed. This was disclosed by the complainant in the affidavit filed by him. The scheme was floated in the year 1988 and the registration was done in the same year after deposit of the required amount. The possession was to be given within two years. Thus the possession was to be given by the year 1990. Ghaziabad Development Authority failed to do the development work and provide amenities which were essential for the person living in the colony. Even according to the own version of Ghaziabad Development Authority, the possession letter was sent on 24.9.1991, which shows that there was delay in sending the possession letter by the appellant. Therefore, it cannot be said that there was no deficiency in service from the side of Ghaziabad Development Authority in giving possession of the flat. As the possession was delayed hence learned District Consumer Forum was justified in awarding interest on the deposited amount for the delayed period. The interest has been awarded from 1.11.1990 till the date of issue of possession letter. This cannot be said to be unjustified. Thus we find that on the basis of the facts on record, District Consumer Forum, Ghaziabad, has given correct conclusion and no interference is required and the appeal is liable to be dismissed. Order The appeal is dismissed with cost of Rs. 2,000/- to be paid by the appellant to the complainant. Judgment and order of District Consumer Forum, Ghaziabad, are confirmed. Compliance of the order be made within a period of two months and copies of the order be issued as per rules. Appeal dismissed with costs.