GHAZIABAD DEVELOPMENT AUTHORITY Vs. SATISH CHANDRA GUPTA

JUDGEMENT

(1.) This revision petition has been filed by the petitioner Ghaziabad Development Authority (GDA) against the order passed by State Commission of Uttar Pradesh in Appeal No. 1574/SC/1994.

(2.) The facts of this case in brief are that the respondent before us had booked a house in Govindpuram Housing Scheme floated by GDA in May 1989. The complainant had deposited the full amount (Rs. 1,75,000/-) of the cost of the house, as indicated at that time, within the stipulated time period. The house was expected to be completed within two years i.e. by 1991. The respondent/complainant in the absence of getting possession of the house allotted to him through a draw of lots in 1991; started living in a hired accommodation after his retirement from 31.3.1991 onwards. Since he was not getting the house as expected, he filed a complaint before the District Forum, Ghaziabad praying for delivery of possession, 18% interest on the amount of Rs. 1,75,000/- deposited by him with GDA along with reimbursement of rent paid by the respondent/complainant as also quashing of the escalation in cost of the house now valued at Rs. 2,05,000/-.

(3.) After hearing both the parties, the District Forum ordered on 12.5.1994 for delivery of possession of completed house within two months of the order otherwise compensation @ Rs. 1,000/- p.m. will be payable from 1.8.1994 till the delivery of the possession, payment of interest @ 15% p.a. on Rs. 1,75,000/- from 1st February, 1992 till the date of delivery of possession and cost of Rs. 500/-. Against the order petitioner GDA filed an appeal before the State Commission which was dismissed with the modification that the rate of interest payable shall be 18% instead of 15% as directed by the District Forum. It is against this order that the petitioner GDA has filed this revision petition.