GHAZIABAD DEVELOPMENT AUTHORITY Vs. MOHINI SAINI

JUDGEMENT

(1.) THIS is an appeal under Section 15 of Consumer Protection Act (hereinafter called the Act ) against the judgment and order dated 22.8.1996 passed by District Consumer Forum, Ghaziabad in Complaint Case No. 715/1994.

(2.) WE have heard Mr. V.P. Rai holding brief of Mr. Arvind Kumar, Counsel for appellant and Mr. Mohan Agarwal, learned Counsel for the respondent. Sri V.P. Rai strenuously submitted that because of litigation pending before the Hon ble High Court, the possession could not be handed over, so the delay was not intentionally and mala fide. According to Sri Rai the award in the order with regard to the payment of interest is highly excessive and is totally uncalled for and it was not a case for awarding of compensation for mental and physical pain.

(3.) IN the instant case Mr. Rai submitted that the litigation by way of writ petition before the Hon ble High Court was filed by few holder of the land and have got stay order which was operative from 24.4.1991 to 16.12.1993. Thus it is admitted that the litigation finished by the end of the year 1993. There was no justification whatsoever for handing over the possession in February, 1997. That approach of the appellant has been totally unwarranted in law. It is also a case in which request for the land being made free -hold and the execution of sale deed in favour of the complainant was rejected only on the pretext that the appeal was pending which also reflects the apathetic attitude on the part of the officers of the Development Authority concerned.