BRIJPAL SINGH vs Ghaziabad Development Authority

THIS is an appeal against the judgment and order dated 22.2.1996 passed by District Consumer Forum, Ghaziabad in Complaint Case No. 824/1993.

THE facts of the case stated in brief are that the complainant applied for a house in Govindpuram Housing Scheme in 1989. He was allotted a house, the cost of which was indicated as Rs. 2,15,000/-. THE entire amount was deposited according to the payment schedule but the possession has not been delivered within two years as promised. It is further alleged that on the spot roads, sewer line, hospitals etc. have not been constructed. THE complainant has, therefore, applied for refund of the amount deposited by him with 18% per annum interest and compensation. In the written version it has been alleged by the Ghaziabad Development Authority that on account of a stay order by the Hon''ble High Court there was a delay in handing over possession of the house. There was no deficiency on the part of the Ghaziabad Development Authority.

After considering the case of the parties, the learned District Forum directed that the entire amount deposited by the complainant should be refunded within 45 days alongwith interest at the rate of 14% per annum from 17.12.1993 till the date of payment. A sum of Rs. 2,500/- as compensation alongwith Rs. 1,000/- as cost has also been awarded.

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. Learned Counsel for the Ghaziabad Development Authority has argued that the possession has been given in 1995 in execution proceedings. When the possession has already been given in the year 1995 there is no question of refund of the amount. Now the question of payment of interest only arises.

THE learned District Forum has awarded interest at the rate of 18% per annum on the deposited amount. THErefore, the complainant will be entitled to interest at the rate of 14% per annum on the deposited amount from the date of its deposit till the date of possession alongwith compensation and cost awarded by the learned District Forum. The judgment and order of the learned District Forum is to be modified accordingly. The appeal is liable to be allowed to the extent that the interest be paid to the appellant at the rate of 18% per annum from the date of deposit till the date of possession alongwith compensation and cost awarded by the learned District Forum. Order The appeal is allowed to the extent indicated above and the rate of interest payable shall be 14% only.

LET compliance of the order be made within a period of six weeks from the date of this order.

LET copy as per rules be made available to the parties. Appeal allowed.