G D A Vs. SUNIL GARG

JUDGEMENT

(1.) This appeal has been filed by the appellant - GDA aggrieved by the order of the State Commission which granted the following reliefs to the complainant :

(2.) Briefly the facts of the case are that the complainant after having been allotted an HIG house under Sanjay Nagar Housing Scheme under SFS on 28.6.1989 deposited the money as demanded on different dates - 28.6.1989 and 25.11.1991. Yet when he could not get the possession even after making full payment as demanded by the petitioner, the com-plainant filed a complaint before the State Commission seeking refund of deposited amount of Rs. 43,870/- along with interest @ 24%, Rs. 5.00 lakhs as damages, Rs. 1.00 lakh towards mental agony, Rs. 2.4 lakhs for wrongful use and occupation plus costs. After hearing both the parties, the State Commission passed the order directing grant of reliefs enumerated earlier.

(3.) It is argued by the Counsel for the appellant that the complainant admittedly is in possession of the house since late middle of 1996, so the main grievance in the application cannot be sustained. House was always ready in time and the appellant had made repeated offers to the complainant but it is he who was not taking possession. Lease Deed could not be executed, as at the time of filing the appeal, an amount of Rs. 2,11,469/- was stand outstanding against the complainant by way of principal and interest. Since the complainant has been in possession of the house since middle of 1996, the appellant cannot be foisted with any repair costs. Whatever deficiency may be seen in the house would be on account of neglect on the part of the complainant. The order of the State Commission is erroneous on all these grounds hence need to be set aside.