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Judgment
4 paragraphs · 249 wordsTHIS is an appeal against the order dated 20.4.1998 passed by District Forum, Ghaziabad in Complaint Case No. 943/1997.
LEARNED Counsel for the appellant has been heard. The payment of Rs. 60,000/- which was deposited by the complainant had been returned on 12.9.1997 which has already been received by the complainant as admitted in the complaint. According to the Counsel for the appellant no amount*of interest is liable to be paid to the complainant. It may be mentioned that the scheme was floated in 1991. According to brochure possession was to be given in about two months'' time. The possession was not delivered even upto the date of the return. The amount of costs of the house has been enhanced by the appellant. It appears that the complainant refused to pay the enhanced costs and instead asked for amount.
In our opinion the demand of the complainant for refund of the amount is justified because the enhancement of the price took place on account of the fact that construction of the house was delayed by the appellant for which the complainant cannot be penalized.
IN view of these facts the appeal has no force and is liable to pay dismissed. ORDER The appeal is dismissed and order of the District Forum is confirmed which has been awarded by the District Forum is as a matter of facts damages in the form of interest. Let copies be made available to the parties as per rules. Appeal dismissed.