(1.) This is an appeal against the judgment and order dated 4.9.1997 passed by District Consumer Forum, Ghaziabad in Complaint Case No.296/1996.
(2.) The facts of the case stated in brief are that the complainant booked an MIG house in Govindpuram housing scheme and deposited a sum of Rs.17,520/- on 24.5.1989. The cost of that house was stated to be Rs.1,75,000/- and the possession was to be delivered in two years time. Development Authority sent a schedule of payment-cum-reservation letter dated 8.11.1989. The complainant had deposited upto 20.1.1992 a sum of Rs.1,05,000/- but still the possession of the house was not given to the complainant and he had to spend a sum of Rs.1,800/- per month as rent in which he was living at that time. The complainant had prayed for immediate delivery of the possession of the house alongwith payment of 18% interest on the amount deposited from 24.5.1991. He has also claimed a sum of Rs.25,000/- as compensation.
(3.) The opposite party, Ghaziabad Development Authority, has alleged that the date of possession which was indicated was only tentative. The delay in handing over possession of the house to the complainant was beyond the control of Development Authority as the Hon'ble High Court had passed a stay order. Therefore, the complainant is not entitled to claim any interest. The original cost of the house was Rs.1,73,000/- which has now been increased to Rs.1,99,400/-. As soon as complainant deposits the entire amount, he could take possession of the house allotted to him.