CHANDRIKA PRASAD Vs. LUCKNOW DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This is an appeal under Sec.15 of the Consumer Protection Act, 1986 (hereinafter called the 'act') against judgment and order dated 8.12.1999 passed by District Consumer Forum II, Lucknow in Complaint Case No.312 of 1999.

(2.) The facts of the case in brief are that the mother of the appellant was registered with the respondent for a plot by depositing Rs.4,000/- @ Rs.320/- per sq. mt. Though it was known to the appellant's mother that a plot of land was drawn in her name, no notice was issued to her till 1.9.1996. As against the cost of the said of Rs.1,08,900/- the mother of the appellant had deposited Rs.22,113/- 1990. Further deposits were not made as in the year 1990 the mother of the appellant came to know that the entire scheme was under dispute and as such physical possession was not possible. However, in the year 1993 the mother of the appellant died leaving her son, appellant, as legal heir and successor.

(3.) In the year 1995 during litigation the appellant had also deposited Rs.25,000/-. In the year 1997 the litigation over the plot was finalized and as such the development of the scheme started in the year 1997. Meanwhile, it was averred, the mutation proceedings was made by L. D. A. in the name of the appellant in place of her mother, after which he deposited Rs.45,000/-. In the year 1998 the appellant approached for giving possession and executing the lease deed in the name of appellant. The respondent then issued a notice to the appellant to deposit a further sum of Rs.1,83,286/- in place of the balance amount of Rs.16,781/-. On an application by the appellant, Vice Chairman of the respondent No.2 passed an order and directed to deposit Rs.1,41,931.50 within 31.3.1999. Hence a complaint was lodged with the District Forum.