AJAY KUMAR vs VICE CHAIRMAN, GHAZIABAD DEVELOPMENT AUTHORITY

THIS is an appeal against the judgment and order dated 25.9.1997 passed by District Consumer Forum, Ghaziabad in Complaint Case No. 783/1995.

THE facts of the case stated in brief are that the complainant on 24.5.1989 deposited a sum of Rs. 11,000/- and applied for a house in double storey housing scheme of Govindpuram. By letter dated 8.11.1989 a house was reserved for him. THE complainant deposited the entire amount by 10.2.1992 amounting to Rs. 1,10,000/-. THE possession was to be given by 30.12.1991 but as the same has not been given so far, the present complaint has been filed. THE houses have been constructed in triple storey and not in double storey premises as promised. THE complainant had to spend Rs. 1,200/- per month as rent on account of delay in delivering possession of the house. THE complainant had prayed for interest from 10.9.1992, the amount paid by him and Rs. 15,000/- as compensation. In the written version, the opposite party alleged that on account of stay order by the Hon''ble High Court, the possession could not be given in time.

The learned District Forum, after considering the case of the parties, came to the conclusion that there was deficiency in service in not handing over possession by the Ghaziabad Development Authority within the promised time. It also held that interest should be paid from 1.1.1994 till the date of possession.

AGGRIEVED against the order of the learned District Forum, the complainant has come in appeal and has challenged the correctness of the order passed by the District Forum concerned. In the grounds of appeal it has been contended by the complainant/appellant that the interest has been awarded from 1.1.1994 only and not from the date of deposit.

ON the date of hearing, the complainant did not appear. Learned Counsel for the opposite party, Ghaziabad Development Authority was present. In the grounds of appeal it has been alleged that no copy of the stay order alleged to have been passed by the Hon''ble High Court has been filed by the Ghaziabad Development Authority. According to the allegation the interest should have been awarded from the date of deposit of the amount. Learned Counsel for the respondent, Ghaziabad Development Authority, has argued that on account of the stay order of the Hon''ble High Court the work of development was affected. This argument of the learned Counsel is not factually correct. In the writ petition which was filed before the Hon''ble High Court, the order passed by the Hon''ble High Court is as under : "List this petition on 30.4.1991. Meanwhile respondent shall not raise any constructions on the land in question if constructions have not already commenced." It is an admitted fact that the Ghaziabad Development Authority had started constructions over the land in dispute before the stay order was passed. Therefore, in terms of this stay order the construction which has already been started by the Ghaziabad Development Authority were not affected and the work continued. The stay order only applies to those lands over which the construction has not already commenced. Moreover, there is no plea of the Ghaziabad Development Authority that the construction has not been started. Therefore, this argument of the learned Counsel for the Ghaziabad Development Authority cannot be accepted.

IN view of the fact that the stay order did not apply to the houses, the interest should be paid from the date of respective deposits till the date of handing over possession. The appeal is liable to be allowed in part. Order The appeal is partly allowed to the extent that the interest shall be payable by the Ghaziabad Development Authority to the complainant from the respective date of deposit till the date of possession instead of from 1.1.1994. With the above modification, the rest of the judgment and order are confirmed. Let compliance of the order be made within a period of two months from the date of this order. Let copy of the order be made available to the parties as per rules. Appeal partly allowed.