LUCKNOW DEVELOPMENT AUTHORITY Vs. ANIL KUMAR NIGAM

JUDGEMENT

(1.) THERE is a delay of 124 days in filing revision. For the reasons mentioned in the application for condoning delay, delay is condoned.

(2.) THE Complainant had applied for allotment of B' Type house in Gomti Nagar Housing Scheme and had deposited Rs. 6,000 towards registration. The Complainant was informed vide letter dated 4.4.1984 by the opposite party regarding allotment of house on Hire Purchase Basis. The estimated cost was stated to Rs. 50,000. The Complainant deposited a sum of Rs. 35,000 besides the interest of Rs. 1904 upto 21.1.1992. By letter dated 14.4.1985, the opposite party had informed the Complainant that the cost of the house had increased from Rs. 50,000 to Rs. 66,000. The case of the Complainant is that in spite of repeated requests, possession of the house was not given. On 28.12.1991 a letter was received by him from the opposite party that he should further deposit a sum of Rs. 84,708 as difference of the value of the house and other charges of Rs. 4,569.25, plus other charges like Stamp Duty etc., amounting to Rs. 15,000. Though, the Complainant deposited a sum of Rs. 15,000 on 21.4.1998 but he protested against enhancement of price. Since the possession was not delivered to the Complainant, he filed complaint before District Forum in 1994 and sought direction for handing over possession of the house on payment of price of Rs. 50,000. He also sought direction to opposite party to furnish detailed account of dues and claimed interest @ 24% p.a. on the amount deposited from the date of deposit as also compensation of Rs. 20,000 for mental agony and harassment with costs of Rs. 2,000.

(3.) DISTRICT Forum found that the Complainant had deposited a sum of Rs. 35,000 upto 21.1.1992, besides interest of Rs. 1,904 and he was entitled to get 18% interest on the said amount of Rs. 35,000 from 21.1.1992 till possession of the house is given to him towards compensation and loss suffered by him. The opposite party was directed to inform the Complainant about the final cost of the house as also instalments to be paid by him so that amount could be deposited in time. Accordingly, directions were given for working out the final cost of the house and the balance instalments to be paid by the Complainant as also to handover possession of the house to the Complainant within 60 days of the order. The opposite party was directed to pay interest @ 18% p.a. on Rs. 35,000 w.e.f. 21.1.1992 till actual possession was handed over to him. This order was challenged by the opposite party in appeal before the State Commission.