NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY Vs. SHARDA SETHI

JUDGEMENT

(1.) THIS appeal has been filed by New Okhla Industrial Development Authority under Consumer Protection Act against the judgment and order dated 23.6.2003 passed by District Consumer Forum, Gautam Budha Nagar in complaint Case No. 628/2002. The District Forum has, by its impugned order, ordered that interest amount Rs. 35,550 was not required to be imposed upon the allottee. Since the allotment orders were received by her on 31.12.2001 at 3.30 p.m. and after that under rules she had applied for time of 30 days for depositing the amount,, hence interest should not have been' charged and the amount of interest Rs. 35,550 should be returned to her with 12% interest.

(2.) ON behalf of the appellant Mr. Rajnish Kumar has appeared and detailed grounds have been taken including filing of rejoinder on behalf of the appellant. Objections of complainant Smt. Sharda Sethi have been replied in the rejoinder. Entire record has been examined thoroughly.

(3.) THE complainant Smt. Sharda Sethi has applied in a scheme of Noida for allotment of the house and after getting the allotment done, she applied to the employer for grant of loan. Her application for the allotment of house and the terms and conditions of the Noida for the allotment has been filed. She has also filed the allotment letter issued by Noida dated 24.12.2001 which was received by her on 31.12.2001. The Post Office receipt has also been attached with this. Noida has not denied that allotment order was issued to her on 24.12.2001 and it is quite natural that after a few days it will be received by the allottee, hence the receipt dated 31.12.2001 was not disputed. The condition of allotment No. 7 shows that: (K) ABANTI KO ANUSUCHUI -I KE ANUSAR AABANTAN RASHI KA BHUGTAN SAIDHANTIC ABANTAN PATRA KI VIDHI SE 30 DIN MAIN KARNA HOGA. Hence her application for the extension of 30 days time for depositing of the amount was under rules and it should have been permitted by the Noida which was not done unfortunately and, instead, Rs. 35,550 for July, 2001 to December, 2001 seems to be without any reason. Back -dating of interest according to the complainant Smt. Sethi is unknown. The grounds taken in the appeal have been examined thoroughly and they have also accepted that allotment letter has been issued on 24.12.2001.