P P MONGA Vs. SHIMLA DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) By the above petitions under Sec.27 of the Consumer Protection Act, 1986 , the petitioner has sought implementation of the order of this Commission dated 6th August, 1992 and for punishment of the respondent-contemner.

(2.) In the complaint, the petitioner has challenged the letter of the Shimla Development Authority (To be short Authority) dated 26.6.1990 whereby the balance amount of Rs.75,942/- on account of enhancement/escalation price of plot was asked to be paid within 90 days from the date of issue of the letter. The Commission, no doubt, has upheld the enhanced price and the balance which is payable by the petitioner on this account but has awarded interest @ 18% per annum to him on the amount deposited by him as per directions of the judgment. This case was decided by the Commission by following the case of Bhag Singh Sain V/s. Shimla Development Authority on 5.8.1992 and the time for the payment of the balance amount was implicitly extended from the date of the order of the Commission.

(3.) It is not disputed that the balance amount of enhanced price to be paid vide Authority letter dated 26.6.1990 was deposited by the petitioner within the stipulated period.