MEERUT DEVELOPMENT AUTHORITY vs RAJEEV JAIN

THIS is an appeal against the judgment and order passed by District Consumer Forum, Meerut, on 14.8.1997 in Complaint Case No. 719 of 1994.

FACTS of the case, stated in brief, are as under : (1) The complainant applied for a plot ''B'' Type measuring 200 sq. mtrs. in Rakshpuram Scheme and deposited a sum of Rs. 10,000/- on 30.10.1987. Estimated cost of the plot was Rs. 70,000/-. At the time of allotment, a sum of Rs. 16,000/- was to be deposited. (2) Vide letter dated 23.7.1988, the complainant was informed that on 12.7.1988, Plot No. 3/173 has been allotted to him and he was directed to deposit Rs. 16,000/- and this amount was deposited on 20.8.1988. Rest of the cost of the plot was to be paid in 8 six monthly instalments in terms of the payment schedule given by the appellant. On the balance amount of Rs. 44,000/- interest could not have been demanded by Meerut Development Authority from the complainant. According to the complainant, the appellant has realised Rs. 11,200/- in excess. (3) It has further been alleged by the complainant that cost of the plot was increased by Rs. 10,000/- which was also deposited on 4.10.1993. The complainant has sought refund of this amount of Rs. 10,000/-. (4) Vide letter dated 13.6.1994, Meerut Development Authority had intimated the complainant to take possession of the plot by 10.11.1993. In this letter dated 13.6.1994, reference of letter 6.10.1993 was also given, which was not received by the complainant. After receipt of the letter dated 13.6.1994, when the complainant went to the site, it was found that no development work has been done and the possession of the plot has not been given to him as yet. (5) According to the complainant, Meerut Development Authority is not entitled to get the sum of Rs. 16,000/-. The complainant has in all paid Rs. 80,200/- towards the cost of the plot. As no development work was done, the complainant prayed for refund of the entire deposited amount alongwith interest and compensation. (6) Meerut Development Authority has alleged that the complainant has not taken the possession of the plot intentionally and if he wants to take the refund of his money, the same can be refunded after deductions as per rules. (7) Previously the cost of the plot was tentative and later on final costing was done. The complainant was bound to pay interest on the instalments. The complainant is not a consumer and the District Forum has no jurisdiction to hear the complaint. (8) The learned District Forum, Meerut, after considering the facts of the case, decreed the claim of the complainant and directed for refund of the deposited amount alongwith 15% per annum interest from the date of deposit till the date of refund and Rs. 500/- as cost.

Aggrieved against the judgment and order of the District Consumer Forum, Meerut, the appellant has come up in the appeal challenging the correctness of the order passed by the Forum.

Learned Counsel for the appellant has argued that the complainant did not take possession intentionally and has sought for the refund which can be made in accordance with the terms of the brochure.

ON the other hand learned Counsel for the complainant has argued that as no development work was done by the appellant at site, therefore, it was not possible for the complainant to take possession of the plot in terms of the possession letter issued by the appellant. The facts of the case go to show that the scheme was floated somewhere in the year 1987 and the possession of the plot was to be given within a period of 3 years. It is an admitted fact on behalf of the appellant that the possession letter was issued on 13.6.1994, which shows that after four years of the due date of possession, letter of possession was issued by Meerut Development Authority but even then the development work was not complete.

THERE is no evidence on record from the side of the appellant to show that the development work was complete at the time when the possession letter was issued in the year 1993. A copy of the letter dated 6.10.1993 has been put up on record which shows that an agreement was executed and the instalments due upto August, 1993 have already been paid. According to the complainant, he did not receive letter dated 6.10.1993 but a copy of this letter was received by him alongwith copy of another letter dated 13.6.1994. Learned District Forum, Meerut, in its judgment came to the conclusion that the appellant Meerut Development Authority failed to hand over the possession of the plot within the time-frame after making development at site. Moreover, the letter dated 16.12.1996 has also been produced by the complainant before the State Commission indicating therein that no development work has been done upto that date and there were big pits over the land in dispute. No contradiction has been done on this letter by Meerut Development Authority which clearly goes to show that even till the end of 1997 no development work was done by Meerut Development Authority. In view of all these facts, we find that judgment and order passed by District Consumer Forum, Meerut, was perfectly justified and requires no interference. Hence the appeal is liable to be dismissed. Order The appeal is dismissed and the judgment and order of the District Consumer Forum, Meerut, are confirmed. The appellant will pay an amount of Rs. 2,000/- to the complainant towards the cost of this appeal. Compliance of the order be made within a period of two months. Let copies of this judgment and order be issued as per norms. Appeal dismissed.