G.D.A. vs Umrao Lal

THIS is an appeal against the order dated 28.7.1993 passed by District Forum, Ghaziabad in Complaint Case No. 223 of 1992.

THE brief facts of the case are stated that the complainant booked a house in Jankipuram Housing Scheme on cash down basis. It was a single storeyed house and the price intimated in the brochure was Rs. 48,000/-. It was disclosed that the house was ready for possession. THE complainant had deposited the entire amount and, thereafter, also deposited the escalation costs of Rs. 790/- and lease-rent of Rs. 2,200/- on demand by the appellant. THE complainant claimed damages and possession of the house. The learned District Forum after considering the facts on record decreed the claim of the complainant and directed that the possession of the house be given on payment of Rs. 48,000/-. The appellant was also directed to pay @ 18% damages in the form of interest per annum on Rs. 48,000/- from 1.1.1992 to 31.7.1993.

Aggrieved against the above order the appellant has come up in appeal and has challenged the correctness of the order passed by the District Forum.

WE have heard learned Counsel for the parties and perused the record. In the present case, it was clearly mentioned in the brochure issued by the appellant that the house was ready for possession but the possession was delivered after a period of about two years. The possession was delivered on 28.8.1994. According to the Counsel for the appellant, the appellant should not be directed to pay interest as the handing over possession was delayed due to technical reasons. It has not been explained by the learned Counsel for the appellant as to why the appellant was unable to deliver the possession immediately as disclosed in the brochure. What were the technical reasons which came into way in handing over possession as promised. Thus, we find the order of the learned District Forum is perfectly justified on face of the case and requires no interference. The compliance of the order passed by the District Forum be done as directed by the District Forum, The appellant shall pay a sum of Rs. 500/- as costs of this appeal. The interest awarded by the learned District Forum as damages in the form of interest shall also be paid to the complainant. Let a copy of this judgment be made available to the parties as per rules. Appeal dismissed.