(1.) This is an appeal under Sec.15 of the Consumer Protection Act (hereinafter called the 'act') against the judgment and order dated 26.12.1996 passed by District Consumer Forum, Allahabad in Complaint Case No.217 of 1996.
(2.) Initially a complaint was filed with the allegation that the complainant/respondent in accordance with allotment letter dated 29.2.1992 deposited the reservation money along with all the instalments as demanded for the land in question. The demanded instalments were deposited by 29.3.1994 and even the allotment was made of the land in question by the appellant on 4.9.1992. Inspite of lapse of two years the possession of the developed plot has not been handed over to the complainant and hence the complainant was forced to file the complaint.
(3.) On the other hand the pleas of the appellant/opposite party as taken in the written statement was that no time limit for handing over the possession of the land has been given and even the delivery can only be made in accordance with the procedures. The plea taken in the written statement is that though the instalments were paid by the complainant in accordance with the payment schedule, the complainant refused to take possession. It was further stated that the deposited amount can be refunded after deducting 20% without any interest.