G.D.A. vs Neelam

THIS is an appeal against the order dated 6.1.1998 passed by District Forum, Ghaziabad in complaint case No. 693/96.

THE brief facts of the case stated are that the complainant deposited a sum of Rs. 4,220/- on 30.7.1989 with the appellant for allotment of the plot of 350 sq. metres in Indira Puram Scheme. By letter dated 3.11.1989 sent by the G.D.A. for reservation of the plot-cum-schedule of the payment the complainant deposited the entire amount for possession of the allotted plot but possession of the allotted plot was not given so far. He therefore, claimed Rs. 20,000/- and interest on the deposited amount and damages and direction to appellant to give possession of the plot.

The case of the opposite party is that the amount of Rs. 4,60,000/- was deposited as estimated price of the plot and now the plot has been developed and possession can be given.

THE District Forum after considering the evidence which is on record allowed the claim of the claimant and directed the G.D.A. to hand over the possession of the plot within two months, after developing the same and also ordered that the interest @ 18% per annum be given to the complainant from 1.1.1993 till the date of payment alongwith Rs. 3,000/- as costs. In default the interest is to be paid @ 21% per annum. Aggrieved against the order passed by the District Forum the appellant has come up in appeal and has challenged the correctness of the order of the District Forum.

WE have heard the Counsel for the G.D.A. and perused the file. It is an admitted fact that the allotment letter was issued on 3.11.1989 but the development was not done. According to the Counsel for the G.D.A. now the development work has been done and letters have been issued by the G.D.A. to the complainant for taking the possession but the complainant is not coming to take possession. After perusal of the entire evidence on record it is clear that there is deficiency in service on the part of the G.D.A. The plots are not developed within the reasonable time as per fixed time framed. Thus, the order of the District Forum on these facts cannot be said to be unreasonable. However, the rate of interest of 21 % per annum is high and it needs to be reduced to 18% per annum. This interest has been awarded as a damage on the amount deposited by the complainant. However, it will be in the fitness of things that the complainant should be directed to take possession within a reasonable time after completing the formalities for taking plot. The appeal is liable to be dismissed. ORDER The appeal has no force and is dismissed. However, a copy of this judgment shall be sent by the appellant to the complainant by registered post and one copy by hand within 15 days after the receipt of this judgment. The complainant shall complete all the formalities as required by the G.D.A. alongwith the copy of this judgment. After compliance of all the formalities, the appellant shall hand over the possession and will get the registration of the sale deed. Damages in the form of interest at 18% per annum are compensated but not at the rate directed by the District Forum. Costs of Rs. 3,000/- shall also be paid. Let copies be made available to the parties as per rules. Appeal dismissed.