H.U.D.A. Vs. ASHISH GOEL

JUDGEMENT

(1.) All these revision petitions involve the same question and as such they were taken together and are being disposed of by common order.

(2.) Heard learned counsel for petitioner who submitted before us that petitioner is entitled to charge interest as per conditions of re-allotment/allotment letters which speak of compound interest. We have gone through the re-allotment/allotment letter which do not speak of payment of compound interest. In fact, case of petitioner before District Forum as also before State Commission was that petitioner has charged simple rate of interest as per HUDA policy. This plea was taken not only before District Forum but also before State Commission as is reflected from order of State Commission dated 21.7.2009 in FA 1812/2006 which is subject matter of challenge under RP 3996/2009. In view of this State Commission had observed that once it is admitted by appellant namely HUDA that they have charged simple interest from complainant, then why HUDA should feel aggrieved by the relief to re-calculate at simple interest on the arrears. The District Forum had ordered recalculation on the basis of simple contractual rate of interest.

(3.) The counsel for the petitioner was asked to file statements showing calculation of interest which have been filed before this Commission. Perusal of the said statements show that the petitioner has actually charged compound interest for the period upto 2,4.2000 and simple interest thereafter.