- (1.) This appeal has been filed by the U. P. Housing and Development Board, Lucknow against the judgment and order dated 22.7.1998 passed by District Consumer Forum-I, Lucknow in Complaint Case No.1155/93.
(2.) Briefly stated the facts of the case are as follows.
(3.) The complainant Prakash Chandra Trivedi in response to a scheme of housing floated by U. P. Housing and Development Board entitled as Self Financing Scheme 91c, applied for a house under the Self Financing Scheme in Vikas Nagar, Lucknow. He deposited the registration money of Rs.30,000/- on 7.12.1991 with the opposite party, the Housing Board. Under this scheme, it was provided by the Board that the houses will be allotted within six months of registration but the opposite party did not make allotment for 17 months. The complainant, therefore, applied for return of the amount deposited by him on 23.7.1993. The opposite party deducted 20% of the amount and issued a cheque of Rs.24,000/- which was received by the complainant on 22.6.1993. The complainant has alleged that the deduction made is illegal and he claimed a sum of Rs.6,000/- and interest on the total amount deposited by him. Initially the U. P. Housing and Development Board did not appear in the case before the District Consumer Forum and the case was ordered to proceed ex parte against them. They made an application before the Forum on 22.11.1996 requesting for recall of the ex parte order and admit their written statement. This request of the Housing Board was rejected by the District Consumer Forum on 6.1.1997 with the direction to return the written statement to opposite party.;