HARYANA URBAN DEVELOPMENT AUTHORITY Vs. ANTANT BIR SINGH

JUDGEMENT

(1.) THIS is a Revision Petition against the order of 8th September, 1993 passed by the State Consumer Disputes Redressal Commission, Haryana at Chandigarh in First Appeal No. 251 of 1993. The issue to be considered has been framed in the opening paragraph of the order of the State Commission: "Whether the Haryana Urban Development Authority can levy interest on the instalments due from the consumer-allottees only from the date of the order of possession or otherwise?"

(2.) THE facts are that the respondent Shri Anant Bir Singh was allotted a residential plot for Rs. 1,01,540,40 in Sector 4 of Mansa Devi Complex at Panchkula in August, 1984. After adjusting the amount deposited by way of earnest money amounting to Rs. 27,627.60 the balance amount payable was Rs. 82,882.80. This was payable either in lumpsum, without any interest, within 60 days from the date of allotment, or in six half-yearly annual instalments alongwith interest on the balance price at 10% on the remaining amount. This interest was to accrue from the date of offer of possession.

(3.) IT was further stipulated as under in the letter of allotment: Clause No. 10: