HOUSING COMMISSIONER, U.P. AVAS ARUM VIKAS PARISHAD vs NARAIN MISRA

THIS is an appeal against the judgment and order dated 16.2.1995 passed by District Consumer Forum, Ballia against Complaint Case No. 260/1995.

THE facts of the case stated in brief are that the complainant was allotted one plot No. 2B-301 by letter dated 24.5.1993 by opposite party-U.P. Avas Avum Vikas Parishad. According to the complainant, after receipt of this allotment letter, he deposited the entire amount by 31st May, 1993 but the opposite party has not given possession of plot to the complainant. It is further alleged that the opposite party is demanding interest and renewal charges, etc. without any basis which he is not liable to pay. It is prayed that the opposite party be directed to hand over possession of the plot and award Rs. 1,00,000/- as compensation. The opposite party has alleged that the allotment was done to the complainant by letter dated 24.3.1993 and the complainant was to deposit the entire amount by 30.4.1993. As the amount was not deposited within time, therefore, the interest, etc. are to be payable by the complainant.

Learned District Forum, after perusing the records and hearing Counsels for the parties, directed the opposite party to hand over possession of the property within one month and to pay a sum of Rs. 20,000/- as compensation alongwith interest at the rate of 12% per annum.

AGGRIEVED against this order, U.P. Avas Avum Vikas Parishad has come in appeal and has challenged the correctness of the order. We have heard the learned Counsel and perused the evidence on record.

THE learned District Forum, after perusing the order, came to the conclusion that the letter of allotment is dated 24.5.1993 and not 24.3.1993 and the entire amount was to be deposited within two months from the allotment order. THE complainant has deposited the entire amount by 31.5.1993, i.e. within two months from the date of receipt of the allotment order. It is wrong to say that the allotment order is dated 24.3.1994. THErefore, in view of these facts the interest and the other charges demanded by the opposite party were not payable by the complainant and the opposite party cannot insist on payment of these amounts which are not liable to be paid by the complainant. THE finding of the learned District Forum to this extent is perfectly justified and is supported by evidence on record. It has been intimated to us during the course of arguments that, as per judgment of learned District Forum, possession of the plot in question has been delivered on 10.4.1995. Now the learned Counsel for the appellant has argued that a sum of Rs. 1,200/- has been waived and the rebate of 1% which was allowed on payment has already been given to the complainant. Now the only dispute remains is about the compensation of Rs. 20,000/- and the amount of interest which has been allowed. We find that the interest allowed on the amount is at the rate of 12% per annum which is quite reasonable and no interference is required in that finding. The appellant is liable to pay interest for deficiency in service for not delivering the possession of the plot in dispute within the time allowed for which the complainant had to file the complaint. We may also mention that the complainant was harassed for no fault of his and he was put to mental torture by demanding the amount which was not due to be payable by him, but the learned District Forum has granted a sum of Rs. 20,000/- as compensation which we consider to be on the higher side. We reduce the same to Rs. 5,000/- which has to be paid to the complainant by the opposite party for causing mental torture and for harassment of the complainant. Thus we find that the appeal is liable to be allowed in part. Order The appeal is allowed in part and The amount of compensation is reduced to Rs. 5,000/-. The judgment and order of The learned District Forum shall stand modified accordingly. The rest of The judgment is confirmed.

LET compliance of this order be made within a period of two months from the date of this order.

LET copy be made available to the parties as per rules. Appeal allowed in part.