B L GOYAL Vs. G D A

JUDGEMENT

(1.) The complainant applied to Ghaziabad Development Authority for allotment of a house in Vaishali Housing Scheme in December 1988. The complainant on 10th January, 1989 applied for registration of house and paid Rs.31,10.00 as required by a Bank Draft dated 7th January, 1989. The total cost of such a house was mentioned in the Brochure as Rs.3,10,000/- Rs.31,000/- was to be paid as reservation fee within 30 days of the date of reservation. In the first week of February 1990, the complainant received a letter from opposite party No.1 acknowledging receipt of Rs.62000/- as registration and reservation amount for Rachana Section of Vaishali Housing Scheme. On 28th September, 1990 the Complainant received a letter from opposite party No.1 informing him that the instalment be paid by the complainant. By Annexure 5 of the Complaint a sum of Rs.5,038.00 and sum of Rs.4,650.00 has been claimed by way of interest. On receipt of the said letter namely Annexure 5 the Complainant paid Rs.1,24,000/- as payment of both the first and second instalment to the opposite parties by Bank draft on the Oriental Bank of Commerce. The complainant by Annexure 6 of the complaint dated 11th October, 1990 protested against the claim made by opposite party No.1 for interest. The Complaint of the Complainant is that inspite of the objections raised in regard to claim for interest the opposite parties did not give any reply.

(2.) The contention of the Appellant is that the claim in regard to interest is untenable. It has come on record that the Complainant has paid all the instalments in respect of the house.

(3.) The complaint was contested by the Ghaziabad Development Authority. On the date of hearing Counsel for Ghaziabad Development Authority made a statement that possession of the house shall be given to the Complainant by 31st May, 1993. On this statement being made the Complainant prayer in regard to possession over the house stands granted.