GHAZIABAD DEVELOPMENT AUTHORITY Vs. SUJIT KUMAR SIRCAR

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 6.10.1997 passed by District Consumer Forum, Ghaziabad in Complaint Case No.793/95.

(2.) The facts of the case stated in brief are that the complainant applied for a house in Govindpuram Housing Scheme Anukampa 1988 and deposited a sum of Rs.17,520/- as registration money. The entire cost of the house amounting to Rs.2,11,374/- was deposited by 30.8.1991. Thereafter, the complainant deposited a sum of Rs.24,400/- as enhanced cost alongwith lease rent of Rs.5,711/- and Rs.1,143/- as free-hold charges till 12.6.1995. The house is not worth living as has also been indicated in the Commission's Report dated 1.1.1996. The complainant has claimed interest at the rate of 24% per annum till the possession is delivered to him. The opposite party in its written version has admitted that all the development work has been completed and the houses are complete in all respect. It is alleged that due to unavoidable circumstances, the possession of the house could not be delivered in time as there was a stay order of the Hon'ble High Court. The stay order of the Hon'ble High Court remained in force from 24.4.1991 to 16.12.1993. If the complainant wants the deposit amount refunded then the same can be returned in accordance with the terms and conditions of the brochure.

(3.) The learned District Forum, after considering the case of the parties, came to the conclusion that the complainant should be given possession of the house after its development. The interest was awarded from 1.1.1994 at the rate of 18% per annum on the deposited amount. It also allowed Rs.2,000/- as compensation. It also directed the appellant to remove the deficiencies and if the deficiencies are not removed then the amount spent by the complainant in removing those deficiencies will be payable by the Ghaziabad Development Authority. If the compliance of the order is not made within two months then the interest was to be paid at the rate of 21% per annum.