HARBANS SINGH Vs. LUCKNOW DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS is an appeal against the order of the State Commission, U.P. dated 17.1.1992 in Case No. 164/90 whereby some reliefs were granted to the complainant/appellant. Not being satisfied with the same the complainant/appellant has come in appeal before us. The facts of the case as stated by the appellant in his memorandum of appeal are:

(2.) THE complainant/appellant's prayer before the State Commission was that the respondent Lucknow Development Authority be directed to handover the possession of the house No. A-2/97, Vishal Khand, Gomti Nagar, Lucknow to the complainant/appellant and further grant interest at the rate of 24% per annum on the sum of Rs. 1,27,663/- from 1.1.1986and further4% interest as per Rules on the amount deposited by the appellant from 29.11.1982 to 31.12.1985 should be credited to him. A compensation of Rs. 5,000/-per month was also prayed for, for monetary and physical loss and mental agony due to negligence on the part of the respondent. The complainant/ appellant also produced evidence1 by way of photographs to show the dilapidated state of the house in question.

(3.) IT was further stated that after the appellant got the details from the office of the respondent, it was found that no interest was allowed on the amount of Rs. 1,00,000/- paid by the appellant till 13.12.1985. It was also found that interest was being charged at the rate of 12.5% on the balance amount of Rs. 52,600/- w.e.f. 1.8.1988 though the possession of the house was given in May, 1991. The instalments were payable only from the date when the full services were provided by the respondent, and the interest also could only be charged from the date when the house was handed over along-with full services etc. The fixing of instalments from 1.8.1988 was illegal.