GHAZIABAD DEVELOPMENT AUTHORITY THROUGH ITS VICE CHAIRMAN vs TARAWATI

THIS is an appeal against the judgment and order dated 23.7.1999 passed by District Consumer Forum, Ghaziabad in Complaint Case No. 596/1997.

BRIEFLY stated the facts of the case are that the complainant filed this complaint for refund of the amount alongwith interest against the opposite party. The complainant had applied for a house in Kaushambhi Appts. Housing Scheme on 8.11.1995 depositing a sum of Rs. 64,240/- as reservation amount. Plot No. 802, Neelgiri Apartments was reserved for the complainant. The complainant had not applied for a house in Nilgiri Apartments which was allotted in the 8th floor. Complainant had applied for a house on the ground floor as she is a heart patient. She, therefore, applied for refund of the amount alongwith interest. The opposite party has alleged that it was not possible to allot a house in the ground floor. If the complainant wants her money back, then it can be done after deductions according to rules.

The learned District Forum, after considering the case of the parties ordered for refund of the amount alongwith 18% per annum interest and Rs. 500/- as cost and passed a claim in favour of the complainant.

AGGRIEVED against this order of the learned District Forum, the Development Authority has come in appeal and has challenged the correctness of the order. We have heard the learned Counsel for the appellant at the admission stage without issuing notice to the opposite party.

ACCORDING to learned Counsel for the appellant, the complainant had applied for a house but as no house was available at Kaushambhi Apartments, a house was allotted on the 8th floor. As the complainant wants her money back, therefore, refund is to be allowed in accordance with the rules. The facts of the case reveal that the complainant had applied for a house on the ground floor, being a heart patient. When the complainant had indicated that she is a heart patient and wants a house in the ground floor, then she should have been allotted house in the ground floor and if it was not possible the entire amount deposited by the complainant should have been returned alongwith interest. As this was not done by the Ghaziabad Development Authority, therefore, it is liable to pay interest also. Thus the appeal is liable to be dismissed and the judgment and order of the learned District Forum are perfectly correct on the basis of facts on record. Order The appeal is dismissed and the judgment and order of the learned District Forum are confirmed.

LET the compliance of this order be made within six weeks from the date of this order. Appeal dismissed.