DELHI DEVELOPMENT AUTHORITY Vs. P.K. BUDHIRAJA

JUDGEMENT

(1.) ON account of having delivered the late possession of flat purchased by the respondent from the appellant, by one and half years than the stipulated period, the appellant has been vide impugned order dated 23.5.2003, passed by the District Forum, directed to pay interest for the period 13.12.1998 to 18.10.2001 as per the previous policy and also to pay Rs. 5,000 as compensation and Rs. 5,000 as cost of litigation, failing which it shall be liable to pay interest @ 9% p.a. on the aforesaid amount.

(2.) THERE is no dispute that the possession was handed over on 19.10.2001, whereas it should have been handed over as per terms of the contract by 30.12.1998. According to the appellant the delay was occasioned due to time taken in providing basic amenities of water and electricity in the area in question. This explanation cannot come to the rescue of the appellant as while entering into the contract it should have been aware of the fact as to the time to be taken for providing water and electricity in area as without these basic amenities the house is nothing but a mortar and bricks.

(3.) FURTHER as regards the plea that the policy of giving interest to the respondent on the delayed possession was withdrawn w.e.f. 19.10.2001, the withdrawal of such policy could not have operated retrospectively and, therefore, there is no infirmity in the impugned order awarding interest as per the previous policy to the respondent. Compensation awarded by the District Forum appears to be inadequate and, therefore, there is no need to interfere with that aspect also.