PRADEEP KAPOOR Vs. DR.A.C.KHOSLA

JUDGEMENT

(1.) THE petitioner was the complainant before the District Forum, where he had filed a complaint alleging deficiency in service on the part of the opposite party, Delhi Development Authority (hereinafter referred to as DDA).

(2.) BRIEFLY stated the facts leading to filing the complaint were that there was delay in giving the possession of the flat to the petitioner/complainant for which a complaint was filed praying for interest of Rs.3,22,988 and Rs. 2,88,000 for delay in completion of flat and refund of excess cost due to escalation in the cost of flat. The matter was contested by the DDA, and they stated that DDA has already given interest @7% for first six months and thereafter @10% in the instalments paid for delay in construction as per rules and nothing else is payable. The District Forum after hearing the parties allowed the complaint and directed the DDA to refund Rs.15,549 to the complainant along with interest @ 18% p.a. from 18.8.99 till payment. Aggrieved not being satisfied with this relief, both the parties filed two separate appeals before the State Commission, who by order dated 25.7.06 gave the following relief: 7. Applying the aforesaid ratio laid down by the Supreme Court and in the given facts and circumstances of the case, we award compensation of Rs. 25,000 for delayed delivery of possession besides the interest awarded by the District Forum @7% and 10% and reduce the interest from 18% to 12% on the amount towards delayed construction interest.

(3.) VIDE order dated 13.7.07, the State Commission disposed off the application for clarification of para 7 of the order dated 25.7.06, in following terms: This is an application for clarification of para 7 of the order passed by this Commission in appeal No. A -539/03 and A -795/04 dated 25.7. 06 filed against the order dated 6.3.06 passed by the District Forum. The District Forum had awarded interest @18% on the amount of Rs.13,569 which by way of our order was reduced to 12%. Para 7 of our order shall therefore read that the interest @12% shall be paid by the DDA on the amount of Rs.13,569 as we upheld the order passed by the District Forum that the interest awarded by the DDA @7% or 10% was as per term of the memo between the parties as rendered in the brochure. Thus, in all, the DDA in term of para 7 shall refund Rs. 13,569 with interest @ 12% w.e.f. 18.8.1999 till payment. Application is allowed in the aforesaid terms.