DELHI DEVELOPMENT AUTHORITY Vs. SUMAN SEKHRAN

JUDGEMENT

(1.) Delhi Development Authority has filed this appeal against the order of Delhi State Consumer Disputes Redressal Commission in the consumer complaint of Mrs. Suman Sekaran, together with her husband Chandra Sekran. Joint complaint of the Sekarans was allowed, directing Delhi Development Authority (DDA) to refund the penal interest recovered from the Complainants and to pay Rs.5000/- towards cost of litigation. A few other prayers had also been made in the complaint, but apparently no cross appeal has been filed on behalf of the Complainants. Thus, the sole issue involved in this appeal is whether penal interest on delayed payment was charged by the DDA justifiably or not. On this point, the case of the Complainants before the State Commission was:-

(2.) While allowing the complaint the State Commission has noted that the possession of the flat had been handed over the Complainants in 2001, after receiving from them the entire balance of amount, together with penal interest. Therefore, the State Commission held that in the interest of justice penal interest is required to be waived due to some deficiency on the part of the OP in not releasing the Tripartite Agreement in time, which resulted into delay in arrangement of loans and payment of the balance price of Rs.1,45,000/- within the stipulated time.

(3.) We have carefully perused the records of the appeal comprising documents filed by the two sides have heard counsel for the DDA, Ms. Manika Tripathy Pandey with Mr. Ashutosh Kaushik, Advocate. On the other side, Complainant-2, Mr. Chandra Sekaran has personally argued the matter on behalf of his wife and on his own behalf. There was delay of 97 days in filing this appeal, which was condoned, subject to payment of cost of Rs.10,000/- into the Consumer Legal Aid Account and Rs.5000/- to the Complainants.