LAWS(NCD)-2010-4-93

HUDA Vs. GURDEV SINGH AND ANR.

Decided On April 28, 2010
HUDA Appellant
V/S
Gurdev Singh And Anr. Respondents

JUDGEMENT

(1.) There has been delay of 29 days in filing revision petition for which an application for condonation of delay has been filed. For the reasons assigned in the application, delay is condoned.

(2.) Respondent-complainant was allotted residential plot by petitioner on 5.5.1998 for sale consideration of Rs. 1,26,000. Possession of plot in question was offered to respondent on 18.5.1999. Subsequently petitioner raised demand of Rs. 1,81,775, which was inclusive of installments due and also interest to which respondent was liable. I am told by learned Counsel for petitioner that component of Rs. 1,81,775 was also inclusive of interest.

(3.) Aggrieved respondent knocked door of Consumer Fora, filing complaint and District Forum on consideration of fact that possession of plot was not delivered to respondent for about 11 years, while accepting complaint, directed petitioner to pay interest @ 15% p.a. on deposit made by respondent to the tune of Rs. 31,500 from 5.5.1990 i.e. 2 years after date of allotment till 18.5.1990 when possession was offered. HUDA was also authorized, to levy interest on outstanding amount as per HUDA policy. Cost of Rs. 1,000 was awarded by District Forum. Aforesaid finding was affirmed by State Commission taking notice of afflux of about 11 years when possession was offered to respondent from the date of allotment of plot in question.