ORAL

State Consumer Disputes Redressal Commission

U.P., Lucknow.

Appeal No.1638 of 1998

Ghaziabad Development Authority

Though its Vice Chairman.                           …..Appellant.

Versus

Smt. Usha Mittal, Mayur Medico,

Shop No.1, DDA Market, Pocket III,

Mayur Vihar Phase I, Delhi I.               ……..Respondent.                                              

Present:-

1- Hon’ble Sri A.K. Bose, Presiding Member.

2- Hon’ble Sri R.C. Chaudhary, Member

None appeared.

Date     8.12.2014

JUDGMENT

Sri A.K. Bose,  Member. The appeal taken up for hearing. None responds. There is no application either. The Ld. Counsel for the parties are also not present. The respondent did not appear inspite of repeated notices.  Since the appeal is pending for the last 16 years for disposal, therefore, we deemed it appropriate to take up the appeal for disposal on merit in absence of the parties.  

From perusal of the records and the judgment passed by the Ld. DCDRF, Ghaziabad, it transpires that the respondent/complainant Smt. Usha Mittal applied for allotment of an MIG House in Govindpuram Housing Scheme, initiated by the GDA in the year 1989 and  accordingly, deposited a sum of Rs.17,500.00. The appellant GDA informed her vide letter dated 28.2.1989 regarding payment schedule and in pursuance thereof,  she deposited a sum of Rs.1,75,000.00 in time. The appellant

(2)

GDA assured all the applicants that houses will be provided to them within a stipulated  period of 2 years. However, the colony could not be developed in time due to certain unforeseen reasons and consequently, the GDA failed to provide house to the respondent in time and, therefore, the respondent/complainant applied for refund of the money deposited by her with interest; and upon failure of the appellant GDA for redressal of her grievances, complaint  case no.984 of 1995 was filed before the Ld. DCDRF, Ghaziabad; and the Forum below after hearing the parties, directed the appellant GDA to refund the entire amount deposited by her with 18% interest and Rs.2,000.00 as compensation. Aggrieved by this order, the instant appeal has been preferred.

From perusal of the records, it transpires that the respondent Smt. Usha Mittal was given possession a house on 30.4.1997 which was free from all encumbrances. An affidavit in this regard has been filed by the respondent. This factum has been mentioned in para 14, 15 and 17 of the memo of appeal. The Forum below failed to take appropriate notice of this factum and passed the impugned order on 22.6.1998. Thus, the impugned judgment and order dated 2.6.1998 appears to be against the facts and evidence on record and, therefore, can not be assailed. The respondent is not entitled to receive any money after taking possession of the house by giving an undertaking that she will abide by all terms and conditions of the brochure.   

(3)

   Consequently, the appeal is allowed and the impugned judgment and order dated 2.6.1998, being beyond the records, is set aside. No order as to costs. Certified copy of the judgment be provided to the parties in accordance with law.

        (A.K. Bose)                              (R.C. Chaudhary)    

    Presiding Member                               Member

Jafri

ST G-1

Court No.5