GHAZIABAD DEVELOPMENT AUTHORITY SANCHAR VIHAR SAHKARI AVAS SAMITI LTD Vs. SANCHAR VIHAR SAHKARI AVAS SAMITI LTD

JUDGEMENT

(1.) These two appeals can be disposed of by this common order since they arise out of a judgment and order dated May 19, 1995 in Original Petition No. 345 of 1993 passed by the National Consumer Disputes Redressal Commission, New Delhi (for short 'National Commission').

(2.) Civil Appeal No. 7199 of 1995 is filed by Ghaziabad Development Authority through its Vice Chariman whereas Civil Appeal No. 7439 of 1995 is filed by Sanchar Vihar Sehkair Avas Samiti Ltd., Ghaziabad (hereinafter referred to as the 'Complainant').

(3.) The complainant is the society company, comprising of about 200 persons as its members. They have been allotted the plots under the scheme called G. D. A.'s Govind Puram Plots/Housing, Code:537, 538 and 539. It is averred in the petition by the complainant that the Ghaziabad Development Authority has violated the terms and conditions inasmuch as failed to put them in possession of the plots within the stipulated period as prescribed in rule 15 of the brochure issued by the Ghaziabad Development Authority (hereinafter referred to as the 'Authority'). It is further complained that the Authority has charged interest in contravention and in violation of clause 3.50 of the brochure as these plots have been registered under the Self Financing Scheme. It is further averred that the authority has also charged penal interest for delayed payment of the instalments. The complainant, therefore, prayed that the Authority be directed to give possession of the duly developed plots within three month from the date of order of the this Commission; to refund the amount of Rs. 26,70,246.00 recovered by way of interest and penal interest on the instalments; and pay interest @ 18% per annum on the amount deposited with the authority w. e. f. April 19, 1992.