SITA RAM PANDEY Vs. SURESH CHANDRA RANA

JUDGEMENT

(1.) THESE three appeals arise out of a common judgment of February 11, 1993 passed by the District Consumer Forum, Ghaziabad whereby the complaint of Suresh Chandra Rana was allowed with a direction to all the three appellants to complete the house allotted to the respondent in all respect and hand over its possession to him within forty days from the date of the judgment. However, the respondent was held liable to pay the balance amount of Rs. 20,685 so as to discharge his total liability for payment of the price of the house amounting to Rs. 90,000 besides miscellaneous charges. But, since there was a deficiency in service on the part of the appellants, they were held liable to pay interest @ 18% p.a. on the amount of Rs. 69,315 w.e.f. 1.4.1990 until the possession was delivered. This amount of interest was directed to be adjusted against the payment to be due from the respondent.

(2.) BEFORE we proceed to discuss the merit of this case we take note of the fact as pointed by Mr. Rajesh Chadha, learned Counsel for the appellant that Mr. Kamal Nain Gandhi who was the employee of Sriram Housing Finance and Investment of India Limited (to be referred as "Housing Finance Company"), died during the pendency of his appeal. Although in the title and heading of the complaint, a copy whereof has been filed before us, the position of Sri Kamal Nain Gandhi vis -a -vis the above Finance Company has been described to be as Director -cum -Treasurer, yet since there is no documentary evidence on record to support the nomenclature as described by the complainant we are not in a position to make a valid declaration on this score.

(3.) LEARNED Counsel for the appellant has drawn our attention towards Sri Gandhi's resignation acceptance order dated 20.2.1992 of Sri Sita Ram Pandey the Managing Director and this order appears to indicate that Sri Gandhi who was the Chief Accountant in the Finance Company had resigned and his resignation was accepted. Be that as it may, following the death of Sri Kamal Nain Gandhi the appeal filed by him stands abated. The other two appeals have been filed by M/s. Jagriti Sahkari Avas Samiti (to be referred as "Avas Samiti") and Sri Sita Ram Pandey, Director of Housing Finance Company. Whereas the Avas Samiti had provided the land to the Housing Finance Company for construction of residential apartments, the Housing Finance Company had undertaken the task of raising the apartments.