GHAZIABAD DEVELOPMENT AUTHORITY vs SADAN PRATAP SINGH

THIS is an appeal against the judgment and order dated 26.2.1998 passed by District Consumer Forum, Ghaziabad in Complaint Case No. 439/1997.

THE facts of the case stated in brief are that the complainant applied for an H.I.G. house in Govindpuram Housing scheme. He was told that the price of the house is Rs. 2,15,000/-. THE registration was made in the year 1989. It was indicated that the possession shall be delivered by 31.6.1991. THE payment schedule was issued to the complainant which was deposited in time. THEreafter price of the house was increased from Rs. 2,15,000/- to Rs. 2,52,000/-. THE complainant deposited this amount also alongwith least rent in time but the possession has not been given in time. The possession was given on 20.10.1996. The complainant has prayed for interest on this amount from 30.3.1991 to 20.10.1996. The opposite party has alleged that the possession was given on 20.10.1996 and the complainant is not entitled to claim any interest and compensation etc. The stay order passed by the Hon''ble High Court remained in operation from 24.4.1991 to 16.12.1993 and hence no interest is to be payable during this period.

Learned District Forum, after considering the case of the parties, directed Ghaziabad Development Authority to pay interest from 17.12.1993 to 20.10.1996 at the rate of 18% per annum and also granted Rs. 2,000/- towards compensation and cost. In default of compliance of order within two months, the rate of interest awarded was 21% per annum.

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 Forum. We have heard learned Counsel for the appellant without issuing notice to the opposite party. It was not necessary to issue notice to the opposite party as that would have burdened the opposite party with unnecessary financial expenses. The judgment would have been the same even if the opposite party would have been heard.

IT is apparent from the file that the possession was given on 20.10.1996 while it should have been delivered in the year 1991. The reason shown for not giving possession in time was the stay order of the Hon''ble High Court. IT has been held by the State Commission in a number of cases that the interim order granted by the Hon''ble High Court did not apply to the houses, construction of which had already started. Therefore, the complainant can get interest for this period, but as the complainant has not come in appeal against the judgment, therefore, the award of interest from 17.12.1993 till the date of possession cannot be disbursed. It is further argued that the complaint is barred by time. The copy of the complaint is not on record to show as to why the complaint is barred by time. It has been specifically alleged that the possession was delivered on 20.10.1996 and the complaint was filed within two years of the same in the year 1997. Therefore, apparently the complaint does not appear to be barred by limitation. Learned Counsel has argued that the interest awarded by the learned District Forum at the rate of 21% per annum in default of compliance within two months could not have been granted. We agree with this argument. The interest should have been granted at the rate of 18% per annum till the date of possession. Thus the judgment of the District Forum needs to be modified to this extent.

THE appeal is liable to be allowed in part. Order

THE judgment and order of the learned District Forum will have to be modified to the extent that the interest shall be paid at the rate of 18% per annum instead of 21% per annum. THE appeal is, therefore, liable to be allowed to this extent that the interest is reduced from 21% per annum to 18% per annum. With this modification the rest of the judgment of the learned District Forum is confirmed. Let 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 partly allowed.