U.P.AVAS VIKAS PARISHAD vs HARNARAYAN GUPTA

THIS is an appeal against the judgment and order dated 31.5.2001 passed by District Forum, Hardwar, whereby the learned Forum has allowed a compensation of Rs. 10,000/- to the complainant and has also directed that the appellant will not charge interest from 30.10.1998.

THE complainant booked a house in Vasundhara Yojna, Ghaziabad. THE first instalment was to be paid by 1.12.1992 and thereafter the instalments were to be paid. In the agreement it was specifically admitted by the parties that there was specific provision in the agreement in Clause 2 that in case of late payment of any instalment, the complainant will have to pay 18% interest. The time was passing on, payments are being made, but the complainant made a representation to the U.P. Avas Vikas Parishad for exemption from payment of interest. The Avas Vikas Parishad by its order dated 29.12.1999 gave an exemption of 0.5% to the maximum of Rs. 10,000/- only. It is said that the order was not received by the complainant from Avas Vikas Parishad. Therefore, the complainant filed the complaint before the learned Forum that he be exempted from the payment of interest. In a detailed judgment, by one paragraph, the case was decided while other part of the judgment was a narration of facts only. It was ordered that the appellant did not give any detail that after giving exemption of 0.5% what amount of interest is due and it was also decided that it was not communicated to the complainant and even if it has been communicated, no further proceedings have been taken up for the reduction of the interest. Therefore, the learned Forum exempted the complainant from payment of the entire interest. This was not at all possible, proper and just. The interest was agreed and if there was any delay in payment of the instalment, the complainant had to pay interest.

It was argued by the learned Counsel for the complainant that the appellant has not, in so far as, calculated the amount of interest payable by him and he was never informed what interest he had to pay. Even if it is correct, then also the appellant should have asked the details of payment as required, but outright interest could not have been exempted. It was further argued that till date, the exemption of 0.5% has not been given. The learned Counsel for the appellant stated that the said exemption has been granted and they are ready to give it. At any rate, the order passed by the learned Forum is incorrect and is fit to be quashed. However, the appellant is directed to give the complete details and picture of interest required to be paid by the complainant after giving the exemption as granted by the Avas Vikas Parishad. It was conceded by the parties that even principal amount is still due although possession has already been delivered. It is alleged by the learned Counsel for the appellant that the complainant did not pay any amount after 1998. The learned Counsel for the complainant produced a bank draft dated 18.6.1999 that he has paid a sum of Rs. 60,000/- on that date. The demand draft might have been cashed by now. ORDER The appeal is, hereby, allowed. The order dated 31.5.2001 passed by District Forum, Hardwar is, hereby, quashed. The parties are directed to settle their accounts. Appellant shall give the details of payment required to be made by the complainant within a month. Cost of this appeal shall be easy. Appeal allowed.