DELHI DEVELOPMENT AUTHORITY Vs. RADHEY MOHAN

JUDGEMENT

(1.) -AGGRIEVED by the order of the State Commission dated 17. 8. 2007 in Appeal No. 636 of 2004 particularly allowing the appeal of the complainant Shri Radhey Mohan directing that the respondent-Delhi Development Authority be entitled to charge interest @ 10% on the amount of Rs. 85,553 for the period from 21. 9. 2000 till the date of the order and no other payment and further that if the excessive payment already made, excessive amount shall be refunded within one month from the date of the order DDA has filed this revision petition.

(2.) FACTUAL matrix of the case in brief is that the complainant was allotted a plot on hire purchase basis as per demand-cum-allotment letter dated 1. 10. 1999. The disposal cost of the plot was Rs. 7,51,000. Though he was asked to pay Rs. 3,53,161. 97 before 5. 10. 1999, he could not make the payment on time and hence he paid Rs. 3,61,991 on 30. 12. 1999. As he could not make payment of the monthly instalments commencing from 10. 12. 1999 he paid in lump sum Rs. 54,276. 64 i. e. , towards eight instalments on 17. 6. 2000. On 20. 9. 2000 he further paid a lump sum of Rs. 2,50,000 and requested the DDA to indicate the balance amount payable by him on 15. 12. 2000. But he did not receive any reply from the DDA about his request.

(3.) IT is the say of the complainant who is the respondent before us is that there was no balance payable after the payment of Rs. 2,50,000 but the DDA continued to charge interest of the instalments which were payable. Unhappy with the stand taken by the DDA he had filed a complaint before the District Forum for quashing of the interest charged as well as the rate of interest of 10%.