ANSAL HOUSING AND CONSTRUCTION LTD & ANR Vs. R B SAXENA

JUDGEMENT

(1.) THIS appeal is directed against the impugned Judgment dated 18.2.2008 of the District Consumer Forum -II, Lucknow whereby the appellants M/s. Ansal Housing & Construction Ltd. were directed to execute the sale deed in respect of the house allotted to the complainant subject to the payment of Rs. 2,22,422.00 by the latter.

(2.) THE appellants' contention is that the complainant was a defaulter and as such liable to make the payment of Rs. 10,96,364.00 as due upto April, 2008 and also he is under an obligation to pay the interest upto date.

(3.) SHORTLY stated the complainant alleged in his complaint that as against the price of Rs. 4,35,000.00, he had deposited Rs. 2,33,932.00 and when he received a notice on 25.11.1993 regarding demand of the outstanding amount on that date he requested for the payment to be made in three instalments which request was conceded to. The instalments of Rs. 40,000.00 each deposited in January, 1994 and February, 1994 were included in the aforesaid amount of Rs. 2,33,932.00. The complainant protested against the demand letter dated 10.5.1997 whereby a sum of Rs. 2,67,387.00 was asked to be paid. It was pleaded by him that since possession was not offered in time he was not liable to either pay the interest or the escalated amount of Rs. 52,995.00. When his protest letter was not replied, he filed the complaint in the year 1998 and asked for a relief regarding execution of the sale deed on payment of the balance amount. On the other hand, the appellants stated in the written statement that by means of the letters dated 27.3.1995, 24.2.1996, 10.5.1997 and 25.5.1997 the complainant was asked to remit the balance amount outstanding against him. Various sums as stated in those letters were due to be paid by the complainant and as is evident from perusal of the demand letter dated 25.5.1997 a sum of Rs. 2,75,002.46 was payable by the complainant. In this letter the escalation cost was reduced marginally to Rs. 49,452.00 and besides interest several other charges on account of sewer connection, water charges, development charges, Malva charges and grill charges were also claimed. Since the size of the plot on which the house had been raised, there was reduction in the total price of the house from Rs. 4,35,000.00 to Rs. 4,14,338.50. According to these calculations drawn by the builders, a sum of Rs. 2,75,002.46 was the ultimate demand vide letter dated 25.5.1997. The complainant instead of complying with the demand filed his complaint before the Forum below.