GHAZIABAD DEVELOPMENT AUTHORITY vs ONKAR NATH

THIS is an appeal against the order dated 14.9.1998 passed by the District Forum, Ghaziabad in Complaint Case No. 1449/1994.

WE have heard learned Counsel for the appellant. According to the facts disclosed in the judgment the appellant had deposited the amount for purchase of the house in Indirapuram Avas Yojana as per schedule of payment alongwith letter dated 7.8.1992. The possession could not be delivered to the complainant. He has prayed for return of the amount alongwith damages, etc. The opposite party-appellant pleaded that the possession of the house could not be delivered and the complainant was offered an alternate plot.

The learned District Forum after considering the facts allowed the refund of the deposited money and awarded interest @ 18% per annum of the entire amount alongwith Rs. 1,000/- as damages. The compliance of the order was to be done within two months failing which the interest shall be payable @ 21% per annum.

AGGRIEVED against this order the Ghaziabad Development Authority has come in appeal and challenged the correctness of order passed by District Forum. Learned Counsel for the appellant has argued that if the complainant was not willing to take alternative house, then he should have applied for refund of the money. We are not impressed with this argument. The complainant stated that he does not wish to take the alternative plot then he was entitled to refund of the money. If the complainant came direct to the District Forum then it was because of the failure of the appellant to act on his request. The fault lies with the appellant. Therefore, it is bound to refund the interest, cost, etc. The order passed by learned District Forum is perfectly correct and is supported by evidence on record. The appeal is liable to be dismissed. ORDER The appeal is dismissed and the order of learned District Forum is confirmed. Let copies be made available to the parties as per rules. Appeal dismissed.