G D A Vs. KRISHNA KUMARJI

JUDGEMENT

(1.) The present Revision Petition is filed by the Ghaziabad Development Authority against the order dated 8.5.2000 passed by State Commission, UP in Appeal No. 1098/SC/97 whereby the appeal of the Revisionist was dismissed and order of the District Forum dated 11.6.97 passed in Complaint No. 1015/95 was confirmed. Brief facts of the case are.

(2.) The respondent/complainant Mr. Krishna Kumarji applied for allotment of plot in Govindpuram Housing Scheme and purchased the brochure on 10.2.1989, a plot was reserved in his name and payment schedule indicating prices of plot as Rs. 65,850/- was also sent. The entire amount was paid within the time given. The possession should have been delivered by 1.1.1991 as per brochure but till date the respondent was not given possession. Krishna Kumarji, therefore, filed a complaint in District Forum, Ghaziabad praying for handing over possession of the plot and also for payment of interest on the deposited amount till the date of handing over possession of the plot. He also prayed for award of Rs. 47,000/- paid by him towards for hiring additional accommodation, and also claimed compensation of Rs. 5,000/- towards mental agony and cause.

(3.) The District Forum awarded payment of interest at 18% on the deposited amount w.e.f. 1.1.1994 till the date of handing over the possession w.e.f. 1.1.94 and Rs. 2,000/- towards mental torture and cost of litigation and directed the petitioners to hand over fully developed plot with all civic amenities within a period of three months. Petitioner filed an appeal in the State Commission which was dismissed and the order of the District Forum was confirmed. Both the District Forum and the State Commission had accepted the revision petitioner's contention that on account of stay order of the Hon'ble High Court from 24.4.1991 to 16.3.1993. the development work could not be done and the possession could not be given. The argument on behalf of GDA that during this period the respondent is not entitled to get any interest was accepted and accordingly after considering these facts of the case District Forum directed the petitioners to pay interest on the deposited amount from 1.1.1994 till the date of possession.