NCDRC

NCDRC

RP/2509/2010

NAND KISHORE TYAGI - Complainant(s)

Versus

MORADABAD DEVELOPMENT AUTHORITY - Opp.Party(s)

MR. HEMANT K. CHAUDHRY & Y.K. TYAGI

22 Mar 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2509 OF 2010
 
(Against the Order dated 05/05/2010 in Appeal No. 16/10&1187/06 of the State Commission Uttar Pradesh)
1. NAND KISHORE TYAGI
Shiv Vihar Colony, Behind Damdama Kothi, PS-Nagfani
Moradabad
Uttar Pradesh
...........Petitioner(s)
Versus 
1. MORADABAD DEVELOPMENT AUTHORITY
(Through its Secretary), Kath Road
Moradabad
Uttar Pradesh
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT

For the Petitioner :MR. HEMANT K. CHAUDHRY & Y.K. TYAGI
For the Respondent :
Mr. S.Ray, Advocate

Dated : 22 Mar 2011
ORDER

Complainant/petitioner was allotted a plot admeasuring 200 sq.m. in Ashiana Scheme floated by the respondent – Moradabad Development Authority.  As per terms and conditions contained in the brochure, the complainant deposited registration amount of Rs.48,000/- which was 20% of the total cost of the plot, i.e., @ Rs.1200/- per sq.m. (200 x 1200 = Rs.2,40,000/-).  Later on, by letter dated 21.8.1997, the respondent informed the complainant that the price of the plot had been increased by Rs.300/- per sq.m. and the complainant was required to pay Rs.72,000/- towards the differential amount of registration and Rs.60,000/- towards reservation amount, which amount had been deposited by the complainant on 5.8.1997.  Letter of allotment was issued on 1.9.1997 informing the complainant that Plot No. T/A-10 had been allotted to him.   He was asked to deposit Rs.60,000/-.  For further instalments, complainant was to be informed separately.  By another letter dated 1.7.2000, the respondent informed the petitioner that the plot allotted to him was 255.89 sq.m. instead of 200 sq.m. and to pay the cost of additional area of 20 sq.m. @ Rs.1500/- per sq.m. and 35.89 sq.m. @ Rs.1600/- per sq.m.  Petitioner filed the complaint before the District Forum praying for a direction to the respondent to give possession of the plot of 200 sq.m. @ Rs.1200/- per sq.m.

District Forum allowed the complaint and directed the respondent to hand over plot No. T/A-10 within 3 months @ 1200/- per sq.m. along with litigation costs of Rs.1600/-.

Respondent, being aggrieved, filed the appeal before the State Commission.  State Commission came to the conclusion that the petitioner could not have been allotted plot No.T/A-10, which was measuring 255 sq.m.  State Commission also came to the conclusion that the petitioner would get plot No.T/A-10 provided the petitioner is ready to pay @ Rs.1500/- for 220 sq.m. and @ Rs.1600/- for 35.89 sq.m.  Petitioner could not be allotted plot No.T/A-10 admeasuring 255.89 sq.m. for a price of 200 sq.m. as had been directed by the District Forum. 

At this stage, counsel for the petitioner states that the petitioner is prepared to pay the price of 255.89 sq.m. and also prepared to take plot No.T/A-10 admeasuring 255.89 sq.m. @ Rs.1200/- per sq.m.  I do not find substance in this submission.  This Commission cannot go into the question of pricing.  Supreme Court, in a number of cases, has held that consumer fora cannot go into the question of pricing.

For the reasons stated above, I find no merit in this Revision Petition.  Dismissed.

 
......................J
ASHOK BHAN
PRESIDENT

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