GHAZIABAD DEVELOPMENT AUTHORITY vs Surendra Singh

THIS is an appeal against the order dated 6.1.1999 passed by District Forum, Ghaziabad in Complaint Case No. 480/1997. Facts of the case, in brief, are :

THAT complainant applied for a house in Govind Nagar Housing Scheme. Allotment-cum-payment schedule was given to the complainant in person with instructions to deposit Rs. 32,000/- in instalments. The appellant failed to deliver possession of the house which was illegally occupied by the Police Officers. As such, the amount deposited was returned to the complainant without any interest. The complainant has prayed for interest. In written statement it was alleged that the possession could not be delivered to the opposite party by the appellant and the amount has been returned to the complainant. Complainant is not a consumer. The learned District Forum after hearing the parties and perusing evidence on record came to the conclusion that the complainant is entitled to get damage in the form of interest @ 12% per annum from the date of deposit. Aggrieved with the order of the District Forum, the appellant has come up with an appeal challenging the correctness of the order passed by District Forum.

We have heard learned Counsel for the appellant. According to learned Counsel for the complainant the amount deposited had been refunded but no interest has been given. We find there was deficiency on behalf of appellant as they failed to deliver the possession of the house. We are not concerned with the consideration in which the possession was not given. Therefore, the fault was of the appellant. Hence, interest is liable to be paid to the complainant. ORDER The appeal is dismissed and order of District Forum is confirmed. Let compliance be made within two months from today. Let the copy of this order be made available to the parties. Appeal dismissed.