HUDA vs Jatinder Thakur

PETITIONER was the O.P. before the District Forum. Having lost at both the lower Forums, he has filed this petition before us.

BRIEFLY the facts of the case are that the complainant was allotted a residential plot in August, 1991. Even after making full payment of the plot, he was not given the possession. On the other hand he was called upon to pay a further sum of over Rs. 25,000/- on account of enhanced compensation. On a complaint being filed by the complainant District Forum directed the petitioner- (a) to deliver the possession of the plot to the complainant within six months or in the alternative, deliver the plot in some developed sector of Sonepat of the same size on the same price/terms and conditions of allotment letter dated 29.8.1991; (b) to pay interest compensation to the complainant @ 15% per annum on the amount deposited by the complainant till the date of delivery of possession w.e.f. 1.9.1994; (c) to pay a compensation to the complainant on account of escalation in the cost of construction to the tune of Rs. 25,000/-; (d) to pay to the complainant Rs. 1,000/- towards cost of proceedings.

On an appeal being filed by the petitioner, the State Commission enhanced the amount of compensation to Rs. 75,000/-, cost of proceedings to Rs. 2,000/- and awarded Rs. 5,000/- on account of mental agony. Rest of the order was maintained, hence this revision petition.

It is argued by the learned Counsel of the petitioner that after award of interest @ 15% on the deposited amount, there is no ground of award of compensation and there is also no ground to enhance the compensation to Rs. 75,000/- and grant of Rs. 5,000/- as mental agony.

RESPONDENT remained absent in spite of notice, hence proceeded ex parte. We have seen the material on record and heard the arguments. In HUDA v. Darsh Kumar, Revision Petition No. 1197 of 1998, I (2002) CPJ 35 (NC), we have held grant of interest @ 18% in order. In the present case we are inclined to agree with the order of the District Forum which had awarded interest @ 15% p.a. and compensation of Rs. 25,000/-. If we were to award interest @ 18% p.a. on the deposited amount as per our own judgment (supra) result would have been the same. In these circumstances, we are unable to sustain the order of the State Commission enhancing the amount of compensation as well as grant of Rs. 5,000/- for mental agony which are set aside. We uphold the order of the District Forum which is in keeping with the spirit if not the letter of the Commission''s order. The order passed by the State Commission is modified to this extent. Only to this extent the petition is allowed. Parties to bear their own costs. Revision Petition partly allowed.