A K WALLIA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The appellant is aggrieved of the period from which the District Forum vide order dated 27.3.2004 awarded interest @ 12%. According to him price of the flat allotted by the respondent was paid by him on 24.6.1997 but he could not take possession because of the defects in the flat. According to the appellant he sent written complaints to the respondent regarding defects on 25.3.1999 though receipt of this communication has been denied by the respondent and this complaint was followed by letter dated 11.6.1998. After removal of defects in the flat by the respondent the appellant took possession of the flat on 1.7.1998. Apparently the appellant could not take possession of the flat for want of removal of defects and the delayed period assessed by the District Forum is between 23.5.1998 to 1.7.1998. The contention of the appellant that he is entitled interest from the date he had paid price of the flat has no substance as it is only from pointing out defects in the flat and after removal of the defects by the respondent that he is entitled for interest for the delayed period. The finding of the District Forum more or less is a finding of fact which we do not incline to interfere as such transactions are not money transactions and are only transaction between service provider and consumer and, therefore, interest is not to be from the period the money is lent or borrowed till its payment.

(2.) Appeal has no merit and is dismissed in limine.

(3.) A copy of this order, as per the statutory requirements, be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room.