MEERUT DEVELOPMENT AUTHORITY vs D.K.Jain

THIS is an appeal against the judgment and order dated 11.6.1998 passed by District Consumer Forum, Meerut in Complaint Case No. 103/1997.

THE facts of the case stated in brief are that the complainant applied for a plot in Shatabdi Nagar Housing Scheme and deposited a sum of Rs. 12,050/-. By letter dated 8.3.1990 the plot was reserved in the name of the complainant. THE complainant was asked to deposit a sum of Rs. 25,000/- as allotment money which he deposited on 17.3.1990. THE payment of schedule was sent vide letter dated 20.2.1991, according to which the complainant came to know that a plot measuring 250 sq. mts. costing Rs. 1,25,000/- was allotted to him. THE amount which was demanded as per instalment schedule was deposited in time. According to the agreement the possession was to be handed over of the plot in the year 1992 but the same has not been delivered so far. On 19.5.1992 the complainant was informed to deposit a further amount of Rs. 2,25,000/- when plot No. D-127, Sector V was allotted to him. THE complainant went to see the plot on the spot and found that no demarcation has been made and no development work was in progress. By letter dated 6.3.1993 enhanced price of the plot was also demanded. Complainant tried to obtain possession of the property by reminding the Meerut Development Authority but the Development Authority did not hand over the possession. THE complainant demanded for refund of the entire amount deposited by him alongwith 24% per annum interest and Rs. 10,000/- as compensation/damages. The opposite party has alleged that the price indicated was only tentative. The cost of the plot was Rs. 1,25,000/-. A sum of Rs. 52,068/- was also due against the complainant on account of penal interest. The development work is going on and as soon as the development work is completed, the possession of the plot shall be handed over.

The learned District Forum, after considering the case of the parties, directed the opposite party to refund the entire amount deposited by the complainant alongwith 15% per annum interest and also awarded Rs. 500/- as cost.

AGGRIEVED against the order of the learned District Forum, Meerut Development Authority has come in appeal and has challenged the correctness of the order passed by the District Forum. Learned Counsel for the parties have been heard.

LEARNED Counsel for the appellant has argued that the refund can be made to the complainant only after making deductions in accordance with the rules. A perusal of the record goes to show that the scheme was floated somewhere in the year 1990. The possession of the plot was to be given in the year 1992. Even in 1997 when the complainant has not been given possession of the plot on account of the fact that development work was not completed. In para 13 of the written statement, the opposite party has alleged that the development work is in progress and the possession shall be delivered as soon as the development work is completed. This written statement is dated 29.3.1997. Thus it is proved on record that for a scheme which was floated in the year 1990 and possession was promised to be delivered in 1992, the development work was in progress in the year 1997. Thus even after seven years of registration and floating of the scheme, Meerut Development Authority was not in a position to hand over possession of the property in dispute to the complainant. The complainant could not have waited indefinitely for the possession of the plot in dispute as he has paid the entire amount initially demanded by the Meerut Development Authority. On the facts and circumstances of the case, the order passed by the learned District Forum for refund of the amount alongwith interest is perfectly justified and requires no interference. 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 respondent. 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 be made available to the parties as per rules. Appeal dismissed.