GHAZIABAD DEVELOPMENT AUTHORITY Vs. V D DIMIRI

JUDGEMENT

(1.) This is an appeal against judgment and order dated 16.12.1998 passed by District Forum, Ghaziabad in the complaint case No.299/1997.

(2.) The facts of the case stated in brief are that the complainant applied for allotment of a house under MIG scheme in Indrapuram on instant payment basis. He was told that the approximate price of the house would be Rs.3,60,000/- out of which he deposited a sum of Rs.36,000/- as registration amount on 20.6.1996. The rest amount of Rs.3,24,000/- was deposited on 9.8.1996, but even then the possession of the house has not been delivered as yet. It was prayed by the complainant that till the date of possession he should be awarded interest. He should also be paid rebate of Rs.3,600/-. He has also claimed a sum Rs.2,00,000/- as compensation.

(3.) The opposite party in his written version has admitted the deposit of the amount for taking the house. The learned District Forum, after considering the facts of the case, came to the conclusion that the possession letter has not been issued by the Ghaziabad Development Authority and the complainant is entitled to get interest from 1.9.1996 till the date of possession. The interest awarded was 18% per annum. He was also allowed rebate of Rs.3,600/-. Further a sum of Rs.3,000/- was allowed as cost. The possession was to be delivered within a period of two months. It was further mentioned that if the order is not complied with within the time allowed, then interest shall be payable at the rate of 21% per annum.