Decided on November 09,2020



V.K.Jain, J. - (1.) The respondent/complainant was allotted house No. C-120, Gulmohar Vihr, W Block, Juhu, Kanpur in a draw of lots held on 28.03.1985 and allotment letter dated 09.04.1985 was issued to her. In the allotment letter the estimated cost of the house was given as Rs.1.15 lakhs. However, the actual cost of the house came to Rs.148443.52 and was conveyed to the complainant vide letter dated 11.01.1991. The balance sale consideration could be paid in instalments. The complainant did not pay the instalments in time. The possession of the house was given to the complainant but the conveyance deed in her favour was not executed. The non-execution of the sale deed was on account of the complainant having not paid the demand of Rs.199946/- raised by the petitioner Authority. The complainant, therefore, approached the concerned District Forum by way of a consumer complaint seeking execution of the conveyance deed in her favour. She also wanted that the petitioner Authority should not demand more than Rs. 1,15,000/- from him towards the cost of the house.
(2.) The complaint was resisted by the petitioner Authority which, inter alia, stated in its written version that the complainant had not paid the demand raised by it. A reference in this regard was made to various letters alleged to have been sent by the petitioner Authority to the complainant on different dates.
(3.) The District Forum vide its order dated 14.10.2009 directed as under:- "Claim is allowed. After OTS fees were deposited on 04.03.1999, the entire remaining amount demanded by the defendant is cancelled. The defendant is ordered that they must calculate the remaining amount in the head of the house from the date of deposing fees in OTS within 30 days of the - judgment, thereafter the defendant must execute registry within 30 days in favor of the plaintiff. They must give Rs. 1000/- in suit cost, which also must be adjusted in remaining amount. In case of default, the defendant would pay 10% simple interest per annum from the date, of depositing until registry on the entire amount deposited by the plaintiff." ;

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