AGRA DEVELOPMENT AUTHORITY Vs. KM PRAGATI CHAURASIA

JUDGEMENT

(1.) These are two appeals under Sec.15 of the Consumer Protection Act against judgment and order dated 19.9.1997 passed by District Consumer Forum-II, Agra in Complaint Case No.1486/1993 and execution order dated 26.4.2003 passed in Execution Case No.21/1998.

(2.) Initially a complaint under Sec.12 of the Consumer Protection Act, 1986 was preferred by Km. Pragati Chaurasia with the allegation that she had applied for allotment of a house in the scheme meant for weaker section and the ground floor portion of the house was estimated at Rs.15,100/- and the first floor was estimated at Rs.13,500/-. Consequently she was allotted house No. E-3, 148 vide order dated 3.3.1989 and the total cost was fixed at Rs.17,700/-. She got possession of the house on 9.4.1991. She deposited on 17.3.1989 a sum of Rs.4,020/-. It was further alleged that facility of water and electricity was to be provided by the opposite party but the same was not done and for getting these facilities, the complainant had to incur Rs.5,000/- and consequently she filed a complaint for claiming the sum of Rs.20,527.47.

(3.) In the written statement the appellant, Agra Development Authority, admitted the allotment of the first floor of the house on 3.3.1989 and obtaining possession of the house on 9.4.1991. It was further pleaded that she after taking delivery, did not deposit the instalments. Demand of Rs.5,442.10 was made. Again a demand of Rs.6,226.79 was made on 7.12.1993. It was candidly made to understand to the complainant that she was in arrear of Rs.20,527.47 but she did not pay the sum.