HARYANA URBAN DEVELOPMENT AUTHORITY Vs. R P SONI

JUDGEMENT

(1.) Haryana Urban Development Authority has come up in appeal against the order dated 20th August, 1996 passed by District Forum, Ambala, whereby complaint of an allottee has been allowed by passing the usual order, "that the complainant is entitled to interest on the amount of Rs.63,566/- at the rate of 18% p. a. w. e. f.17.9.91 till 17.6.96 by way of compensation for the delay in delivery of possession of plot to him. "

(2.) In fact, the order is consistent and in accordance with the decisions in other similar cases rendered by this Commission as well as Hon'ble National Commission, in which HUDA had not delivered possession to the allottees for one reason or the other even though the allotment was made more than a decade back. In the present case also, the original plot was allotted in the name of the complainant as back as on 26th March, 1985, but its possession has been handed over to the complainant on 17th June, 1996 (i. e. during the pendency of the complaint ). No cogent or convincing argument has been advanced for setting aside the well-reasoned and detailed order passed by the learned District Forum except that the rate of interest should not be more than 12%. We do not agree with the contention of the learned Counsel as in number of similar cases the Hon'ble National Commission has been awarding as also upholding the grant of interest @ 18%. Consequently, the appeal is dismissed.

(3.) So far as cross-objections filed by the complainant-appellant are concerned, the claim is for the higher compensation on account of escalation in the cost of construction during the last decade. The complainant being an ex-Serviceman having retired from Air Force intended to settle at Gurgaon but the deficiency in service on the part of HUDA has certainly adversely affected his plans for all this period. Apart from this, the complainant, on the basis of the detailed report of the Architect placed on record with the cross-objections, will have to spend now Rs. one lac more on account of escalation in the cost of construction and he is certainly entitled to be compensated for the same. Under the circumstances, we allow the cross-objections by awarding a token sum of Rs.25,000/- towards compensation to meet escalation which would approximately come to 25% of the cost of construction assessed by the Architect. The appeal and the cross-objections stand disposed of accordingly.