Mr. Justice. R.N. Mittal, President— This appeal has been filed against the order of the District Forum dated 29.8.91 by which D.D.A. has been directed to pay interest to the complainant on the principal amount @ 7% p.a. w.e.f. 15.6.86 to 23.11.87 alongwith interest @ 18% p.a. on the interest so calculated w.e.f. 23.11.87 till the date of payment within 30 days from the date of order.

2. Briefly the facts are that the complainant got himself registered under fifth self-financing scheme 1982 for purchasing a flat. It is alleged that the possession letter of the flat was delivered to him on 23.11.87. However, he was paid interest upto 15.3.86. Consequently he prayed that the respondent be directed to pay interest upto 23.11.87, the date of issue of the letter for possession, and that further interest be paid to her from 23.11.87 till the date of payment. The complaint was contested by the respondent.

3. The learned District Forum passed the order as stated above. The first contention of Mr. Goyal is that according to the New Scheme prepared by D.D.A., the complainant was entitled to interest upto the date of issue of fifth and final demand letter not upto the date of issue of letter for possession. We have considered the argument. No such plea was taken by the appellant in the written statement and no such scheme was brought to the notice of the District Forum. At the stage of appeal the appellant cannot be allowed to raise this point. Consequently we reject his submission.

4. The second contention of Mr. Goyal is that the rate of interest from 23.11.87 till the date of payment @ 18% p.a. is on higher side. We have duly considered the argument. The learned District Forum has given interest to the complainant from 23.11.87 onwards @ 18% p.a., which indeed is high. We reduce the same to @15% p.a.

5. The last contention of the learned Counsel is that the D.D.A. could change the terms and conditions of the rate and the Forum should have taken into consideration. The change terms and conditions no such plea was taken by the D.D.A. Even the changed the conditions were not placed on the record, before the learned District Forum. Consequently no such arguments can be allowed to be made in appeal.

6. For the aforesaid reasons we partly accept the appeal and reduce the rate of interest from @ 18% to 15% p.a. No order as to costs.

Appeal partly accepted.