GHAZIABAD DEVELOPMENT AUTHORITY vs BANSHI LAL KALRA

THIS is an appeal against the judgment and order dated 31.7.1997 passed by District Consumer Forum, Ghaziabad in Complaint Case No. 650 of 1995.

THE facts of the case stated in brief are that the complainant deposited a sum of Rs. 5,000/- for allotment of a plot on 27.10.1988. THE payment schedule dated 10.2.1989 was sent by Ghaziabad Development Authority and allotment was made on 20.3.1989. THE complainant deposited Rs. 11,600/- on 20.3.1989, and interest of Rs. 348/-. THE complainant has deposited the amount in instalments as desired but the possession has not been delivered of the plot so far. Hence he has claimed refund of the amount deposited. The opposite party in the written version has alleged that the amount of Rs. 55,800/- has been deposited by the complainant alongwith the lease rent etc. The possession has been delivered in the year 1995. Hence he is not a consumer. It is further alleged that the stay order was obtained by some of the agriculturists from the Hon''ble High Court which remained in operation from 24.4.1991 to 16.12.1993. Hence there is no deficiency in service.

The learned District Forum after considering the case of the parties directed for payment of interest on the deposited amount from 1.1.1994 to 30.4.1995 at the rate of 18% per annum. It was further ordered to refund a sum of Rs. 7,921/- which has been claimed excessively by the appellant. The complainant has also been allowed compensation and cost of Rs. 2,000/-.

AGGRIEVED against the order of the learned District Forum, Ghaziabad Development Authority has come in appeal and has challenged the correctness of the order passed by the learned District Forum. We have heard the learned Counsel for the parties.

ACCORDING to the learned Counsel for the appellant the interest at the rate of 18% per annum awarded is on the higher side. As the possession has already been delivered, therefore, only interest is liable to be paid for the delayed period. The possession of the plot should have been given within two years. Learned District Forum has excluded the period of stay. Before the stay was granted on 24.4.1991 the appellant could have developed the plot because the period of two years was available to them after deposit of the amount by the complainant. Therefore, there is no fault in the judgment of the learned District Forum and the appeal is liable to be dismissed. Order The appeal is dismissed with cost of Rs. 2,000/- which the appellant shall pay to the respondent. The judgment and order of the learned District Forum are confirmed. Compliance of the order be made within a period of six weeks from the date of this order.

LET copy as per rules be made available to the parties. Appeal dismissed with costs.