GHAZIABAD DEV AUTHORITY Vs. R B SHARMA

JUDGEMENT

(1.) Petitioner, Ghaziabad Development Authority (GDA) who was opposite party before the District Forum has filed this petition aggrieved by the orders of both the lower Fora.

(2.) Brief facts necessary to appreciate the case are that the complainant deposited a sum of Rs. 58,020 on 18.7.1989 for allotment of a house. A house was reserved on 26.10.1989 by the petitioner. The house was to be completed within two and a half years i.e. by early 1992. The complainant deposited the entire amount in between. When the delivery of the house was nowhere in sight the complainant approached the petitioner in 1993 to refund of deposited amount which was done but after deducting 10% of the Registration amount i.e.. Rs. 5.800. Feeling aggrieved by this deduction, the complainant filed a complaint before the District Forum who after hearing both the parties allowed the complaint and directed the petitioner to refund the deducted amount along with interest 18% p.a. from the date of deposit failing which the date of interest was to go upto 21% p.a.

(3.) An appeal was filed by the petitioner which was also dismissed by the State Commission with the modification that rate of interest in case of delay in payment was also to be 18% p.a. hence, this revision petition.