BHAG SINGH SAIN Vs. K K MAHAJAN

JUDGEMENT

(1.) By this petition under Sec.27 of the Consumer Protection Act, 1986 , the petitioner has sought implementation of the order of this Commission dated 5th August, 1992 and for punishment of the respondent-Contemner.

(2.) The first grievance of the petitioner is that vide letter of the Shimla Development Authority (hereinafter to be referred to as the Authority) dated 26.9.92 (Annexurea-2), he has been asked to pay the amount of interest shown at Sr. No.3 of the letter on revised cost payable by the allottee i. e. , Rs.18,098/-. This amount is the amount of interest calculated by the Authority on the delayed payment of the balance amount i. e. Rs.46,859/- demanded vide their letter dated 2.11.90, Annexurea-6, as according to them, this should have been paid within 90 days from the date of issue of that letter i. e.2.11.90. No doubt, according to them, the date for payment of the balance amount has been extended by the Commission for 90 days from the date of the order but there is nothing in the order which precludes in any way or prohibits the authority from realising the interest on delayed payment if 90 days are taken into consideration for the payment of the balance amount with effect from 2.11.90, the date of issue of the letter aforementioned.

(3.) In the complaint, the petitioner has challenged the letter of the Authority dated 2.11.90, Annexure A-6, whereby the balance amount on account of enhancement/escalation of the price of the plot was asked to be paid within 90 days from the date of issue of the letter. This 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 and the time for payment of the balance amount was also extended for 3 months from the date of the order of the Commission.