CHIEF ADMINISTRATOR, HARYANA URBAN DEVELOPMENT AUTHORITY vs RANJANA AGGARWAL

THIS is an appeal filed against order dated 22.5.2001 passed by the District Consumer Disputes Redressal Forum-I, U.T., Chandigarh (for short hereinafter to be referred as the District Forum-I) in Complaint Case No. 1011 of 1998 filed by respondent, Mrs. Ranjana Aggarwal, vide which the District Forum-I awarded a sum of Rs. 20,000/- as compensation to the complainant on the ground of recurring loss suffered on account of escalation in cost of material and cost of construction and interest @ 12% p.a. on the amounts deposited by the complainant commencing from the period of 3 years since the allotment of plot till 13.1.1999, when physical possession thereof was offered. A sum of Rs. 3,000/- was awarded as compensation for harassment and mental agony.

THE respondent/complainant applied for allotment of plot under a scheme floated by the appellants in 1991 and was successful in draw of lots. Consequently, Plot No. 477 in Sector 23, Sonepat was allotted to her. THE possession of the plot was, however, not handed over and the same was offered on 13.1.1999 i.e. after a period of 8 years from the date of the allotment of the plot. THE District Forum-I after considering the material placed on record and the totality of the circumstances held that a sum of Rs. 20,000/- was adequate to be awarded to the complainant on account of escalation in cost of material as well as construction. It would, thus, follow that the compensation was calculated @ Rs. 2,500/- per year for a period of 8 years, which in our considered opinion and in view of the evidence led by the complainant/respondent cannot be said to be unreasonable or excessive. THE District Forum-I gave adequate reasons for awarding compensation of Rs. 20,000/- on the said score. THE rate of interest of 12% p.a. on the amounts deposited by the complainant after excluding the initial three years upto 13.1.1999, which is roughly for 6 years period also cannot be said to be excessive or unreasonable. THE appellant is also charging interest at a rate higher than 12% p.a. THE Hon''ble Supreme Court approved award of interest at a rate higher than 12% p.a. in the case of Haryana Urban Development Authority v. Rajnish Chander Sharda, III (2000) CPJ 8 (SC)=VII (2000) SLT 142=2000 (1) CPC 259. A sum of Rs. 3,000/- awarded on account of harassment and mental agony during the long period of 8 years cannot be said to be in any way unreasonable or excessive. It is now well settled that delay on the part of the appellant in offering possession of the plot allotted to the consumer, is a clear case of deficiency in service. In our considered opinion, the District Forum-I was right in awarding compensation on account of escalation in cost of material and construction, awarding interest @ 12% p.a. on the amounts deposited by the complainant and Rs. 3,000/- for harassment and mental agony and no interference is called for in this appeal. The appeal is meritless and is dismissed with no order as to costs. Copy of this order be supplied to the parties free of charges. Appeal dismissed.