GHAZIABAD DEVELOPMENT AUTHORITY Vs. S K MALHOTRA

JUDGEMENT

(1.) Documents filed by respondent. Keep on record. Counsel for the parties are present. This is an appeal against Complaint Case No.1460/93 dated 8.1.1998 passed by Distt. Forum, Ghaziabad. The facts of the case are as under : 1. That complainant was allotted a plot on 26.9.1991 but the possession of the plot was not delivered up to October, 1994. The possession of the plot has been delivered on 18.5.1998 i. e. after the order passed by Distt. Forum as mentioned above. Now the controversy with the parties is about the payment of interest and the date from which the interest is to be paid.

(2.) We have heard the parties and perused the impugned order. As the possession was to be delivered upto the end of October, 1994 but the same has been delivered on 18.5.1998, therefore, the appellant is liable to pay interest @ 18% per annum from 1.11.1994 till 18.5.1998 the date when the possession was delivered. Appellant is also entitled to pay cost of Rs.1,000/-.

(3.) The appeal is partially allowed and it is directed that the appellant shall pay interest on deposited amount from 1.11.1994 to 18.5.1998 @ 18% per annum within a period of six weeks from today alongwith cost of damages of Rs.1,000/-. If it is not complied with, then the interest @ 18% per annum shall be paid w. e. f.18.5.1998 till the date of payment. The order of District Forum is modified accordingly. Let the copy of the order be made available to the parties as per rule.