CHANDIGARH HOUSING BOARD Vs. VIDYA SAGAR

JUDGEMENT

(1.) Shri Vidya Sagar retired Joint Director, Punjab State, the President of Retired Officers Ground Floor Allottees Welfare Association, Chandigarh on his behalf and 19 others (six more persons added later on) filed a complaint in the District Forum, Chandigarh on 7.9.93 alleging that the houses allotted to them by the Chandigarh Housing Board were to have 1330 sq. ft. covered area and that the tentative cost of each unit was fixed at Rs.2.25 lacs; that the draw of lots was held in 1988 and the allotment letters issued in August, 1989; that the covered area of the ground floor flats is only 1250 sq. ft. as against the promised 1330 sq. ft. ; that the allottees have been made to pay Rs.2,83,700/- per unit as against the estimated cost of Rs.2.25 lacs; that correspondingly there has been a reduction in the cost of upper floors which have been brought down from Rs.2.25 lacs to Rs.2,22,300/- and Rs.2,22,500/- for first and second floor flats respectively. They prayed that the District Forum should summon the original account files of the Chandigarh Housing Board and direct them to give break-up and reduce the price. The District Forum after notice to the opposite party and hearing both the parties held that the Chandigarh Housing Board could recover from each complainant a sum of Rs.2,41,700/- and directed refund of excess amount to the complainants together with interest @ 18% p. a. from the date of deposit till actual refund. Aggrieved against this order of the District Forum, the Chandigarh Housing Board preferred the present appeal.

(2.) The main pleas are that the District Forum has erred in treating the pleadings of the parties as evidence whereas no evidence was collected from the respective parties as envisaged u/section 12 (2) (b) (i) of the Consumer Protection Act, 1986 with the result that there has been a miscarriage of justice; that the said complaint was not maintainable as it was barred by time inasmuch as respondents were allotted their respective dwelling units in the year 1989 and they took over the possession; that the complaint is not by individuals but in the name of the Retired Officers Ground Floor Allottees Welfare Association, Sector 43b, Chandigarh, whereas relief has been granted to each of the respondents individually with the result there has been miscarriage of justice; that as per Annexure R-4 the covered area of the ground floor allottee comes to advertised 1332 sq. ft. and not 1250 sq. ft.

(3.) We have heard learned Counsels for the parties and have gone through the record.