DLF UNIVERSAL LTD Vs. AJAY KUMAR JAIN

JUDGEMENT

(1.) Petitioner which was the Opposite Party before the District Forum, has filed this Revision Petition against the order dated 17.4.2007 passed by the State Consumer Disputes Redressal Commission, Delhi (for short, 'the State Commission') in appeal No. 1946/01 whereby the State Commission while upholding the order of the District Forum has reduced the rate of interest from 18% to 12%.Facts:

(2.) Petitioner, once again, vide its letter dated 1.8.1996 informed the Respondent that out of total price of Rs. 1,54,780, sum of Rs. 1,24,700 had been remitted leaving a balance amount of Rs. 30,072 which was due and payable. Petitioner requested the Respondent to make the payments by 16.8.1996, failing which the Petitioner will be compelled to take action as per Clause 17 of the Agreement. Respondent did not either take the possession of the property or pay the balance amount.

(3.) Petitioner, by letter dated 25.6.1998 enclosed a statement of account of the Respondent showing that a sum of Rs. 75,757 and holding charges of Rs. 30,000 thereby totalling Rs. 1,08,757 were due and payable by the Respondent. In response to this, Respondent sent a letter on 8.7.1998 objecting to the levy of holding charges and requesting the Petitioner to withdraw its letter dated 25.6.1998 and to grant six months' time to him to take over the possession. Respondent also requested the Petitioner not to take any action without informing him. In the said letter, Respondent also admitted that the Petitioner was entitled to charge 20% interest p.a. on the delayed payment in terms of the agreement.