ORDER

S.P. Kurdukar, J.-These two appeals can be disposed of by this common order since they arise out of a judgment and order dated May 19, 1995 in Original Petition No. 345 of 1993 passed by the National Consumer Disputes Redressal Commission, New Delhi (for short National Commission ).

2. Civil Appeal No. 7199 of 1995 is filed by Ghaziabad Development Authority through its Vice Chairman whereas Civil Appeal No. 7439 of 1995 is filed by Sanchar Vihar Sehkari Avas Samiti Ltd., Ghaziabad (hereinafter referred to as the Complainant ).

3. The complainant is the society company, comprising of about 200 persons as its members. They have been allotted the plots under the scheme called G.D.A. s Govind Puram Plots/Housing, Code: 537, 538 and 539. It is averred in the petition by the complainant that the Ghaziabad Development Authority has violated the terms and conditions inasmuch as failed to put them in possession of the plots within the stipulated period as prescribed in rule 15 of the brochure issued by the Ghaziabad Development Authority (hereinafter referred to as the Authority ). It is further complained that the Authority has charged interest in contravention and in violation of clause 3.50 of the brochure as these plots have been registered under the Self Financing Scheme. It is further averred that the Authority has also charged penal interest for delayed payment of the instalments. The complainant, therefore, prayed that the Authority be directed to give possession of the duly developed plots within three months from the date of order of this Commission; to refund the amount of Rs. 26,70,246.00 recovered by way of interest and penal interest on the instalments; and pay interest @ 18% per annum on the amount deposited with the Authority w.e.f. April 19, 1992.

4. The Authority filed its reply to the aforesaid complaint and stated that the plots have been allotted to the members of the complainant on 16.3.1994 and the letters of allotment have been sent to them. As regards charging of interest, it is stated that clause 3.50 of brochure relates to flats and houses built under Self Financing Schemes and the said clause does not apply to the plots. The Authority relied upon column 9 in Annexure-1 of the brochure wherein it is provided that balance amount payable in six half yearly instalments with 15% interest. The Authority, therefore, prayed that the claim of the claimant is not sustainable and the complaint be dismissed.

5. The National Commission on perusal of the materials on record held that the complainant has made out no ground for awarding any interest or damages. The National Commission, however, opined that the Authority which has collected the interest amounting to Rs. 25,37,669/- as indicated in the complaint had no authority to charge the same in view of clause 3.50 which relates to Self Financing Scheme. The National Commission further held that the Authority is within its rights to charge penal interest for the delay in payment of instalments. Consistent with these findings the National Commission by its order dated May 19, 1995 directed the Authority to refund the amount of interest charged @ 14% on the basis of column 9 of table 1 to the complainant. It is this order which is the subject matter of challenge in both these appeals.

6. Civil Appeal No. 7199 of 1995 is filed by the Authority challenging the order of the National Commission to the extent it directs the Authority to return the amount of Rs. 25,37,669.00 to the complainant. The complainant being partly aggrieved by the impugned order of Commission filed Civil Appeal No. 7439 of 1995 whereby it permitted the Authority to charge penal interest on delayed payment of instalments.

7. Heard learned counsel for the parties and perused the materials on record. The entire controversy in both these appeals centers around the interpretation of clause 3.50 and column 9 of table 1, Annexure 1 of the brochure issued by the Authority. It is not disputed before us that