D.D.A. THROUGH ITS DIRECTOR vs PRAKASH DEV KAPOOR

THIS appeal has been filed by the Delhi Development Authority, Opposite Party, against the order of the District Forum No. 1 dated 24th December, 1992.

BRIEFLY the facts are that the complainant applied for MIG flat in 1979. He deposited on amount of Rs. 4,500/- on 21st September, 1979. The draw took place on 31st October, 1987 and the letter of possession was issued by the D.D.A. on 31st March, 1988. The possession of the flat was delivered to him on 13th December, 1988. He deposited the amount of Rs. 1,54,852/- as cost of the flat on 1.6.88. The DDA gave him interest @ 7% p.a. on the amount of Rs. 4,500/- from 21.9.79 till 31st October, 1987, the date of the draw. However, he was not paid the interest for the later period. He, therefore, filed a complaint against the DDA stating that they were liable to pay interest to him on the deposit of Rs. 4,500/- from 1.11.87 till 31st March, 1988 and on Rs. 1,54,852/- from 1.6.88 till 31st December, 1988.

The complaint was contested by the DDA. They controverted his allegations. The District Forum accepted the complaint and allowed interest to the complainant on the amount of Rs. 4,500/- from 1.11.87 to 31.3.88 @ 7% p.a. and on Rs. 1,54,852/- @ 15% p.a. for a period of five months (it appears that it was paid from the 1.7.88 to 30.11.88). The DDA has come up in appeal against the said order to the Commission.

THE 1st contention of the learned Counsel for the appellant is that the DDA was not liable to pay interest on the amount of Rs. 4,500/- after the draw. We have duly considered the argument but regret our inability to accept the same. Normally we have been granting interest to the allottee from the date of deposit till the date of issuance of letter of possession @ 7% p.a. We find no reason to differ from that view. It has been seen that the possession of the flats are not given to the allottee after the draw for years together. THEre is no reason that the allottee should be allowed to suffer for delay on the part of the DDA to deliver the letter of possession and thereafter possession of the flat to an allottee. Consequently, we affirm the order of the District Forum in this regard. The second contention of Mr. Goyal, is that the complainant was not entitled to the interest on the amount of Rs. 1,54,852/- from the date of deposit till the date of delivery of possession. In the present case the letter of possession was sent by the office of the Delhi Development Authority to the complainant on a wrong address which was received back in the office. Again, they issued letter of possession to him at the correct address. Thus, on account of negligence of the officials of the DDA there was delay in delivery of possession to the complainant Therefore, in our view, the District Forum rightly granted interest to the complainant @ 5% p.a. on the said amount for a period of 5 months.

AFTER taking into consideration, all the facts and circumstances of the case we do not find any merit in the appeal and dismiss the same with costs. Costs Rs. 500/-. Appeal dismissed.