NCDRC

NCDRC

RP/2673/2015

RAMESH CHANDRA SRIVASTAVA - Complainant(s)

Versus

LUCKNOW DEVELOPMENT AUTHORITY - Opp.Party(s)

MR. VIJAY KUMAR YADAV

14 Sep 2016

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2673 OF 2015
 
(Against the Order dated 26/02/2015 in Appeal No. 1596/1998 of the State Commission Uttar Pradesh)
1. RAMESH CHANDRA SRIVASTAVA
S/O K.N. SRIVASTAVA, PRESENTLY RESIDING AT T-39, SHIVALIK NAGAR,
HARIDWAR
2. RAMESH CHANDRA SRIVASTAVA
C/O DR.S.N. SRIVASTAVA HOUSE NO. B-1/20, SECTOR-D, L.D.A. COLONY, KANPUR ROAD,
LUCKNOW-226012
...........Petitioner(s)
Versus 
1. LUCKNOW DEVELOPMENT AUTHORITY
THROUGH ITS SECRETARY VIPIN KHAND, GOMTI NAGAR
LUCKNOW-226010
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.K. JAIN,PRESIDING MEMBER

For the Petitioner :
Mr. Vijay Kumar Yadav, Advocate
For the Respondent :LUCKNOW DEVELOPMENT AUTHORITY

Dated : 14 Sep 2016
ORDER

JUSTICE V.K. JAIN, PRESIDING MEMBER (ORAL)

 

                       

               

            The complainant / petitioner is aggrieved from the order of the State Commission to the extent the interest has been reduced by the State Commission from 18% to 9% per annum.

2.      The case of the petitioner / complainant in brief is that he deposited a sum of Rs.15,000/- with the respondent for allotment of a house followed by a further deposit of Rs.5,000/-, but neither any allotment was made to him nor was the amount deposited by him refunded.  Being aggrieved, he approached the concerned District Forum by way of a complaint, seeking allotment of a house or in the alternative refund of Rs.20,000/- deposited by him, along with interest @ 24% per annum and compensation.

3.      The complaint was resisted by the respondent Lucknow Development Authority, which inter-alia stated in its written version that no application was submitted by the complainant for refund of the amount paid by him.  It was also stated in the said reply that on 15.4.1998 a sum of Rs.26,363/- was refunded to the complainant, but the cheque of the aforesaid amount was received back undelivered.

4.      In my view, the interest awarded by the State Commission to the petitioner / complainant cannot be said to be on the lower side, considering the interest rates prevalent in the market.  Therefore, I need not go into the question as to whether, in the absence of allotment of a house to him, the petitioner / complainant can be said to be a consumer of the respondent or not.  The revision petition, being devoid of any merit, is hereby dismissed.        

 
......................J
V.K. JAIN
PRESIDING MEMBER

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