Oral

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal No. 222 of 2011

Meerut Development Authority, Meerut

through its Secretary.                                          …Appellant.

Versus

Jugal Kishore Agarwal s/o Shri Laxman Das

Agarwal, R/o 449, Rajwan Bara Bazar,

Meerut Cantt.                                                   .…Respondent.

Present:-

1- Hon’ble Sri Sushil Kumar, Presiding Member.

2- Hon’ble Smt. Sudha Upadhyay, Member.

None for the appellant.

Sri S.P. Pandey, Advocate for the respondent.

Date  13.6.2024

JUDGMENT

Per Sri Sushil Kumar,  Member-   This appeal has been filed against the judgment and order dated 22.12.2010 passed by the ld. District Forum, Meerut in complaint case no.113 of 2004, Jugul Kishore Agarwal vs. Meerut Development Authority, whereby the ld. District Forum allowed the complaint upto this extent that without imposing any penal interest sale deed of the house no.73/4 be executed in favour of the complainant.

          As per the case of the complainant, he booked a MIG category house in Shradhapuri Phase-1 Yojna and deposited Rs.7,000.00 on 22.8.1988. The Meerut Development Authority allotted plot no.1/70 and asked to deposit Rs.10,000.00. The same amount was deposited by the complainant on 30.11.1988 but later on, Meerut Development Authority informed that due to dispute with the farmers allotment in favour of the complainant is not possible and  advised the complainant to opt another house in MIG Scheme at the rate of Rs.600.00 per sq. meter. The complainant consented to get this house on 22.10.1991 and the appellant allotted house no.73 in sector-4 for Rs.2,40,000.00. The complainant deposited all the instalments in time and complaint to remove the defects of the house. The complainant further requested to execute the sale deed in favour of the complainant but the sale deed was not executed. Hence, he filed complaint case which was allowed by the ld. District Forum as mentioned above.  

Since, the appellant Meerut Development Authority admitted in its written statement that the house no.4/73 was allotted to the complainant and further admitted that possession of this house was handed over on 6.8.1992, the cost of the house was increased from Rs.2,40,000.00 to Rs.3,78,000.00, the complainant is bound to pay remaining consideration. 

The ld. District Forum upon consideration of the evidence filed by the parties, concluded that the complainant has already deposited Rs.3,78,000.00, therefore, directed the appellant Meerut Development Authority to execute the sale deed in favour of the complainant without charging any penal interest. Since, the complainant deposited Rs.3,78,000.00, therefore, order passed by the ld. District Forum requires no interference. 

ORDER

          Appeal is dismissed.

If, any amount, is deposited by the appellants at the time of filing of this appeal under section 15 of the Consumer Protection Act, 1986, may be remitted to the ld. District Consumer Forum concerned for satisfying the decreed, as per rules alongwith accrued interest upto date.

The stenographer is requested to upload this order on the Website of this Commission today itself. 

          Certified copy of this judgment be provided to the parties as per rules. 

         (Sudha Upadhyay)                       (Sushil Kumar)

                Member                                       Member

Jafri, PA 1

Court 2