GHAZIABAD DEVELOPMENT AUTHORITY Vs. VISHNU DATT DIMRI

JUDGEMENT

(1.) THIS revision arises out of the order dated 16.12.1997 of the U.P. State Consumer Disputes Redressal Commission, in Complaint No. 299 of 1997, dismissing the appeal of the petitioner against the order of the District Forum, Ghaziabad.

(2.) THE facts in brief are as under : Vishnu Datt Dimri, respondent in this revision petition, filed a complaint before the District Forum, Ghaziabad, seeking direction to the respondent to hand over possession of the allotted flat, grant of interest from the date of deposit, i.e. 9.8.1996 till the date of handing over possession, rebate @ 1% amounting to Rs. 3,600/ - and Rs. 2 lakhs for mental torture and costs of litigation. The District Forum, after hearing both the parties and perusing the records before it, came to the conclusion that the complaint of the complainant was to be allowed as the entire amount towards the cost of the flat had been deposited on 9.8.1996 and he should have been given the possession of the flat maximum till 31.8.1996. In such circumstances, he was entitled to the interest from 1.9.1996 till the handing over of the possession of the flat. The District Forum passed the following order :

(3.) HEARD Counsel appearing on both sides. A perusal of the record shows that the Flat No. AK -4/109, M.I.G. (F/S), Indirapuram, was allotted to the complainant/respondent under the 'Instant Sale Allotment Scheme, 1996', which was a scheme floated for the purpose of sale of leftover flats and which were not allotted in the original scheme in the year 1991. The terms and conditions of the Instant Sale Scheme read as under :