U P AVAS VIKAS PARISHAD Vs. HARNARAYAN GUPTA

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 31.5.2001 passed by District Forum, Hardwar, whereby the learned Forum has allowed a compensation of Rs.10,000/- to the complainant and has also directed that the appellant will not charge interest from 30.10.1998.

(2.) The complainant booked a house in Vasundhara Yojna, Ghaziabad. The first instalment was to be paid by 1.12.1992 and thereafter the instalments were to be paid. In the agreement it was specifically admitted by the parties that there was specific provision in the agreement in Clause 2 that in case of late payment of any instalment, the complainant will have to pay 18% interest.

(3.) The time was passing on, payments are being made, but the complainant made a representation to the U. P. Avas Vikas Parishad for exemption from payment of interest. The Avas Vikas Parishad by its order dated 29.12.1999 gave an exemption of 0.5% to the maximum of Rs.10,000/- only. It is said that the order was not received by the complainant from Avas Vikas Parishad. Therefore, the complainant filed the complaint before the learned Forum that he be exempted from the payment of interest. In a detailed judgment, by one paragraph, the case was decided while other part of the judgment was a narration of facts only. It was ordered that the appellant did not give any detail that after giving exemption of 0.5% what amount of interest is due and it was also decided that it was not communicated to the complainant and even if it has been communicated, no further proceedings have been taken up for the reduction of the interest. Therefore, the learned Forum exempted the complainant from payment of the entire interest. This was not at all possible, proper and just. The interest was agreed and if there was any delay in payment of the instalment, the complainant had to pay interest.