DELHI DEVELOPMENT AUTHORITY Vs. RAM KISHAN

JUDGEMENT

(1.) The limited grievance of the appellant against the order dated 1.7.2004 passed by the District Forum whereby the appellant/dda has been directed to pay interest @ 9% p. a. on the excess amount of Rs.20,459/- received by it from the date it was deposited with appellant till the date of order as the District Forum has not taken into consideration the fact that the said amount was refunded to the respondent on 26.5.2000 and, therefore, the award of interest on the aforesaid amount subsequent to 26.5.2000 unjustified and illegal. Since the receipt of Rs.20,459/- by the respondent is not in dispute as is demonstrated from the impugned order, we do not feel the need of issuing notice to the respondent for considering the grievance of the appellant.

(2.) The respondent was allotted a flat by the appellant on hire purchase basis. Subsequently he made request to convert into cash down basis. Accordingly the cash down payment was made by the respondent. However, in the meantime the payment by instalments by the other consumers were deferred and the respondent asked for interest over the excess amount received by the appellant which was to the tune of Rs.20,459/-. It was vide letter dated 23.6.1992 that the respondent for the first time requested the appellant to refund excess amount along with the request to issue conveyance deed in the joint names of the respondent and his wife. However, the conveyance deed was issued in the joint name but refund of the excess amount was not made. It was only after 8 years of long wait that the said excess amount was refunded to the respondent vide its letter dated 26.5.2000.

(3.) The factum of refund of excess amount demonstrates that the respondent was entitled to this amount from the date when he made the demand of refund vide his letter dated 23.7.1999, not from the date when the instalments of other consumers were deferred and by way of calculation the amount deposited by the respondent was found to be excess to the tune of Rs.20,459/-.