Delay of 38 days in filing the Revision Petition is condoned. Respondent/complainant was allotted Chamber No.2 chamber No. 2 of Sumeru Tower of Kaushambi Residential Scheme at Ghaziabad. Its tentative price was fixed at Rs.3,16,464/- which was demanded from the respondent as per terms and conditions of the allotment. Respondent deposited the sum of Rs.3,16,464/- and the possession of the chamber was delivered to him on 18.7.1996. The petitioner did not executive the sale deed of the aforesaid chamber in the name of the respondent but, after a lapse of 8 years, the petitioner asked the respondent to deposit an additional sum of Rs. 4,22,736/-, i.e., the difference between the price determined earlier and final cost of Rs. 7,39,200/- along with lease rent of Rs.15,565/-. Respondent lodged a protest and submitted that he would not have taken possession of the aforesaid chamber, had he known that eight years after the cost would be manipulated to escalate to Rs.7,39,200/-. Aggrieved by this, respondent filed a comp before the District Forum. District Forum allowed the comp and quashed the demand for the differential amount of Rs.4,22,736/-. Rs.5,000/- were awarded towards mental agony and Rs.1,000/- towards costs. Aggrieved against the order passed by the District Forum, petitioner filed an appeal before the State Commission. State Commission, by a detailed order, has dismissed the appeal holding that the petitioner took 8 long years after handing over the possession to determine the final price, which was unreasonable. That the petitioner had also failed to justify the demand of Rs.4,22,736/-. I agree with the view taken by the State Commission that the demand was much delayed and totally unjustified. Dismissed.
......................JASHOK BHANPRESIDENT | |
