HOUSING COMMISSIONER, UTTAR PRADESH HOUSING AND DEVELOPMENT BOARD vs PREM CHANDRA GARG

THIS is an appeal against the judgment and order dated 4.3.1995 passed by District Consumer Forum, Meerut in Complaint Case No. 739/1994.

THE facts of the case stated in brief are that the complainant applied for a house but no house was allotted to the complainant. THE amount deposited by him was not refunded by the opposite party. The opposite party in its written version has alleged that the complainant is not a consumer as no allotment was made in his favour. The complainant had received the amount which was deposited by him without any protest and now he cannot file any complaint before the District Forum.

Parties led evidence in support of their respective contentions before the learned District Forum, who after considering the case of the parties, came to the conclusion that there was deficiency in service on behalf of the opposite party, hence it allowed interest @ 12% per annum on the deposited amount from two years after the deposit of the amount till the date of payment.

AGGRIEVED against this order the complainant has come in appeal and has challenged the correctness of the order passed by the learned District Forum. We have heard the learned Counsels for the parties. The learned Counsel for the appellant has argued that interest @ 12% per annum has been allowed on the amount which was the reservation amount only. According to the learned Counsel no allotment was made to the complainant. According to the learned Counsel a sum of Rs. 10,000/- has been refunded along with interest @ 6% per annum. We find that the amount was deposited on 16.10.1992. This amount was returned to the complainant after filing the complaint in the year 1995. It was the duty of the Avas Vikas Parishad to have refunded the amount to the complainant when no allotment was made to him. As this amount was kept by the Avas Vikas Parishad, therefore, it is bound to pay interest. The interest has been paid @ 6% per annum is very much on the lower side. In such case we have allowed 10% interest, therefore, the interest awarded by the learned District Forum @ 12% is slightly on the higher side. The interest shall be paid by the Avas Vikas @ 10% per annum only instead of 12% as directed by the learned District Forum. Thus, the appeal is liable to be allowed in part. ORDER

THE appeal is partly allowed. THE interest shall be payable @ 10% per annum instead of 12% as indicated by the learned District Forum. With this modification, the rest of the judgment and order of the learned District Forum are confirmed. Let compliance of this order be made within a period of two months from the date of this order. Let copy of this order be made available to the parties as per rules. Appeal partly allowed.