Meerut Development Authority, Meerut vs AJIT KUMAR KALI

THIS is an appeal against the judgment and order dated 7.5.1999 passed by District Consumer Forum, Meerut in Complaint Case No. 541 of 1998.

THE facts of the case stated in brief are that the complainant applied for allotment of one house in Shakti Nagar scheme floated by the Meerut Development Authority and deposited a sum of Rs. 12,500/- on 14.11.1990. THE allotment order was received after a period of two years and he was allotted one house No. C/27 in Sector No. 11 costing Rs. 85,000/-. THE complainant deposited another sum of Rs. 17,500/- and thereafter deposited Rs. 50,000/-. Thus in all Rs. 85,000/- were deposited with the Meerut Development Authority. According to the advertisement, he was to get 3% discount on account of booking the house in Trade Fair. In spite of repeated requests the possession of the plot was not given to the complainant. On 12.1.1995 a letter was received from Meerut Development Authority that this house could not be developed. Hence another house has been allotted to the complainant without his consent. The cost of this house was three times of the originally allotted house. The complainant was not prepared to take this house at this price. There was no development even on the site where the second house was situated. Therefore, the complainant filed the complaint claiming refund of amount deposited alongwith 18% interest.

The opposite party, Meerut Development Authority, has alleged that the contractor had stopped construction of the house mid-way and hence the construction could not be completed and development work also could not be done. According to the administrative decision, the complainant was allotted another house in another sector.

THE parties filed evidence and after hearing the learned Counsels for the parties, the learned District Forum allowed the complaint and ordered for refund of the amount deposited alongwith 15% interest to be paid within one month. Aggrieved against the judgment and order of the learned District Forum, the Development Authority has come in appeal and has challenged the correctness of the order.

WE have heard learned Counsel for the appellant at the admission stage without issuing notice and have perused the judgment and order of the learned District Forum. It is an admitted fact that in Sector V, house No. 27 which was allotted to the complainant could not be completed. Hence the possession of this house could not be delivered to the complainant. Another house was offered to the complainant at three times the price of the originally allotted house. Hence the complainant refused to accept this house. According to the learned Counsel, the development work as well as construction of the house could not be completed on account of leaving work mid-way by the contractor. It may be mentioned that the contractor is an agent of Meerut Development Authority and if the contractor has not completed the work assigned to him, then the complainant cannot be allowed to suffer for the laches of Meerut Development Authority. Hence the complainant is entitled to refund of the amount deposited by him alongwith interest decreed by the District Consumer Forum as the complainant was not prepared to accept the second allotment which was made to him in the year 1997. Thus we find that this appeal has no force. ORDER The appeal is dismissed. The judgment and order of the learned District Forum is confirmed. Let compliance of the order of the learned District Forum be made within two months. Let copy of this order be made available as per rule to the parties concerned. Appeal dismissed.