National Consumer Disputes Redressal
L.D.A. vs Shri B.S. Sethi on 4 March, 2002
ORDER
B.K. Taimni, Member
1. This is a Revision Petition filed by the Petitioner, Lucknow Development Authority (L.D.A.) against the order of the State Commission dismissing the appeal on the ground of limitation.
2. Brief facts of the case are that the Respondent/Complainant was a tenant of L.D.A. and on an arrangement arrived at between parties agreed to buy the house whose price was fixed at Rs. 94,900/- of which 25% or Rs. 23,725/- was deposited as advanced on 11.11.87. The Petitioner after about nine years demanded enhanced cost of Rs. 1,64,710/- which was also paid on 30.6.96. The cost of house finally worked out totalling Rs. 77,680.98. -- Sale deed was executed on 23.4.97 and an amount of Rs. 40,079/- was also refunded on 5.6.97. No reasons were forthcoming for non-payment of balance of deposited excess amount of Rs. 70,675/- for which the Complainant filed a complaint before the District Forum. It was the case of the Petitioner that legible copies of the Complaint have not been supplied to him, hence inability to file written version. District Forum directed the complainant to give the Respondent a legible copy upon which the District Forum proceeded with the case. The Respondent filed an Revision Petition before the State Commission on the same ground. State Commission directed the complainant to supply a legible copy of the complaint. The District Forum after hearing both the parties directed the Petitioner to refund Rs. 70,675/- with interest @ 16% from 3.9.96 with cost of Rs. 1500/-. This order was passed on 17.5.00. Against this order the Petitioner filed an appeal before the State Commission on 2.2.01. The State Commission was not satisfied on the reasons for delay, hence dismissed the appeal as barred by limitation, hence this Revision Petition.
3. It was argued by the ld. Counsel for the Petitioner that they never got the legible copy from the complainant in spite of orders from the District Forum and State Commission. District Forum moved ex-parte. They came to know of the order only at the stage of execution only than they could file appeal. State Commission erred in not condoning the delay. Period of limitation should start from the date of their knowledge. On merits their case is that they refunded the requisite amount outstanding amount, nothing remains hence this order of the District Forum to refund Rs. 70,675/- with interest is without any basis.
4. We have perused the orders of both the lower forums and material on record. The factum of a legible copy of the complaint not supplied to the Petitioner has not been believed by the State Commission. This is a question of fact and both the lower forums have concurrency disbelieved the Petitioner on this court. We cannot fault the order of the State Commission. However, the merits of the case and its chronology smacks of arbitrariness, arrogance and a continuous effort to mislead, at all level. This house in this case was costed at Rs. 94,900/- in November, 1987. Suddenly after over eight years, unilaterally, cost is escalated to Rs. 1,64,710. This is paid by the helpless complainant. Within less than a year final cost is worked out to Rs. 77,680.98. A singular case of high-handedness, irresponsible and arbitrary exercise of power by whoever. It appears that for such a callous conduct they are not accountable to anyone. No grounds are shown as to under what law of the land or terms of brochure cost is escalated after a lapse of over eight years. Hon'ble Supreme Court had permitted in one case payment of escalated cost after seven years but this escalation, within a period of seven years, was part of the terms of sale and given in the brochure. Is there no accountability or Account's man in L.D.A.? Cost of the house is fixed at Rs. 94,900/- jacked upto Rs. 1,64,710/- only to be brought down to Rs. 77,680/-. Such playfulness can be described only in terms of theatre of the absurd. Worse is that LDA has the gall to defend it before us. There is no dispute that the complainant deposited in all Rs. 1,88,435/- (Rs. 1,64,710 (+) Rs. 23,725/-). Final cost of the house is worked out to Rs. 77,681/-, Rs. 40,079/- is refunded thus making it a total of Rs. 1,17,760/- what happens to Rs. 70,675/- (Rs. 1,988,435 (-) Rs. 1,17,760/-? There is not a whisper about it in the memo of Revision Petition or in oral submissions. It is not disputed that after the adjustment of final cost, the Complainant is entitled to refund of amount. It is a pity that the complainant has not come in revision before us, that would have helped in getting refund along with rate of interest @ 18% p.a. not only for the amount but also for the refunded amount of Rs. 40,079/- without any interest. We have already upheld grant of rate of interest @ 18% on the refund of deposited amounts. In the instant case rate of interest awarded is only 16% p.a. We do not find any ground to interfere with the order passed by both the lower forum. Revision Petition is dismissed in limini. No costs.