GHAZIABAD DEVELOPMENT AUTHORITY vs PRADEEP KUMAR GARG

THIS is an appeal against the judgment and order dated 17.12.1999 passed by District Consumer Forum, Ghaziabad in Complaint Case No. 939/1997.

THE facts of the case stated in brief are that the complainant applied for a hire purchase house in Pratap Vihar Scheme after depositing a sum of Rs. 5,120/- in the year 1990. One house was reserved by the Ghaziabad Development Authority in the name of the complainant and the entire amount as per payment schedule was deposited within the specified time. According to the complainant no house is allotted to him. Hence he wants the refund of the entire amount deposited by him. The opposite party in the written version has admitted that a sum of Rs. 5,120/- was deposited and a house was reserved for him. The rest of the amount was to be deposited in instalments extending over a period of 13 years. The allotment information can be given to the complainant only by the allotment department. It is not possible to give possession as he has not paid the amount of the house in time.

The learned District Forum after considering the case of the parties came to the conclusion that the amount deposited by the complainant be refunded to him alongwith 18% per annum interest. It also allowed Rs. 1,000/- towards compensation for mental tension and harassment, and Rs. 100/- as cost. For non-compliance of the order interest at the rate of 20% per annum was liable to be paid.

AGGRIEVED against the order of the learned District Consumer Forum, Ghaziabad Development Authority has come in appeal and has challenged the correctness of the order passed by the Forum. We have heard the learned Counsel for the appellant without issuing notice to the opposite party as it would have unnecessarily burdened him to undertake the journey from Ghaziabad to Lucknow.

LEARNED Counsel for the appellant has argued that the house could not be allotted to the complainant as he has not deposited the entire amount. It was not shown by the opposite party as to what was the payment schedule and whether the complainant has defaulted in payment of the amount. According to the complainant he has deposited the amount which was required of him. The complainant deposited the amount upto March, 1993 but inspite of this no house was allotted to him and the opposite party has not indicated any time within which the house shall be allotted to him. Therefore, in view of the fact that inspite of the deposit of the amount no house has been allotted to the complainant, the Ghaziabad Development Authority is liable to pay interest also. We do not find any flaw in the judgment of the learned District Forum and the appeal is liable to be dismissed. Order The appeal is dismissed and the judgment and order of the learned District Forum are confirmed.

LET compliance of this order be made within a period of six weeks from the date of this order.

LET copy as per rules be made available to the parties. Appeal dismissed.