Decided on September 26,2007

Shashi Bala Pandey Appellant
Sahara India Housing Respondents


- (1.) AGGRIEVED with the judgment and order dated 7.12.2000 passed by District Consumer Forum, Lucknow in complaint case No. 1095/94 the rival contending parties have preferred their respective appeals. Appeal No. 45/01 has been preferred by complainant Smt. Shashi Bala Pandey for refund of the deposited money along with interest 18% M/s. Sahara India Housing, Lucknow has preferred appeal No. 143/01. Since the facts are indentical and common question of law are involved, both appeals are being decided together. The leading judgment shall form part of appeal No. 45/01 whereas its authenticated photo copy shall be placed on the record of appeal No. 143/01.
(2.) CONSEQUENTLY we heard Mr.R.K. Gupta, Advocate, learned Counsel for M/s. Sahara India Housing, Lucknow and perused the impugned judgment and order, other material and documents.
(3.) MR . Gupta criticized the impugned judgment on the ground that order in question has been passed in total ignorance of the allotment letter which is binding between the parties and has wrongly jumped to a conclusion that area of the shop in question is 96 sq. ft. where as its area was only 60 sq. ft. and the total area of space No. 122(a) was approximately 96 sq.ft. It was also argued that in spite of the offer for possession of the allotted shop of approximate super area 96 sq. ft. the same was not demanded and even the complainant did not fulfil other requirements as contained in the allotment letter and the other letters of the appellant. For deciding as to what would be the area of the shop, obviously the terms and conditions of the allotment will be the guiding factors. Vide letter No. SI/CO/HD/92/14942/027 dated 16.12.1991 the complainant has been allotted shop space No. 122(a) or approximate super area of 96 sq. ft. In 'Sahara Bazar' Vibhuti Khand, Gomti Nagar, Lucknow at the fixed cost of Rs. 77,000. The allotment has been made on terms and conditions which are 15 in number. The terms and condition Nos. 3 and 4 read as follows: "3. The rates are fixed for each shop. The super area is inclusive of the area under periphery wall and also hall occupied by the common walls between the two adjoining Shop/Show Room/Restaurant Space and a maximum of 25% of the super area as indicated has been added to the above such areas to arrive at the indicated super are, i.e. for areas under passages, staircases, lobbies, entrance foyers, toilets, etc. 4. If the super area differs at the time of possession, the cost shall be accordingly adjusted.";

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