H.P.HOUSING BOARD Vs. UPENDRA NATH KHOSLA

JUDGEMENT

(1.) This is an appeal against the order dated 7 -7 -1992 delivered on 13 -11 -1992 by the District Forum, Solan.

(2.) The facts relevant to consideration of appeal are that the complainants/respondents had applied for one flat No. 4, Block 19 in the Housing Board Colony at Solan (Saproon), The tentative period of handing over possession of the flat was stated to be 2 1/2 years from the date of allotment The complainants/respondents had paid full amount of Rs. 2,14,600upto 18 -3 -1992 but they had not received the possession of flat for which they filed this complaint before the District Forum, Solan claiming in addition damages/compensation to the tune of Rs 1 lakh and interest at the rate of Rs. 25.75%.

(3.) During the course of proceedings, the parties came to a compromise through their counsels. The statement of Sh. L. N Sharma, Advocate, Counsel for H P. Housing Board the appellant is that the respondent Housing Board . will construct the house and will deliver the possession 10 the complainant by 31 -12 -1993". In his statement, counsel for the complainants/respondents stated "that in view of the statement of the learned Counsel for the Respondent I do not press the present complaint It may be directed that since the delay in the construction to the flat has been due to the fault of the respondent, the complaint will not be liable to pay any increase in price of the flat due to rise in cost of construction in the meantime and that in case the respondents fail to handover the possession of the flat by the due date the entire amount, of Rs. 2,14,600 shall be repaid by the respondent to the complainant by 31 -1 -1994 alongwith interest at the rate of 18% p. a from the date of the deposit(s) of the amount by the complainant till the date of payment".