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UTTAR PRADESH STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, LUCKNOW
Hon’ble Mr. Justice K.C. Bhargava, President & Mr. D.D. Bahuguna, Member
GHAZIABAD DEVELOPMENT AUTHORITY—Appellant
versus
PAWAN KUMAR VERMA—Respondent
A/527/SC of 1999—Decided on 23.4.1999

Headnote:

Interest - Real Estate Dispute - The court upheld the award of interest at 15% per annum from the date of deposit until possession was handed over, finding deficiency in service for not delivering the plot as promised.

Fact of the Case:

The complainant applied for a plot in a scheme, deposited registration money, and was assured delivery in 1991. The possession was eventually delivered in 1997.

Finding of the Court:

The court found that interest at 15% per annum was justified due to the delay in delivering the plot as promised, and dismissed the appeal.

Issues: Dispute over the correctness of the interest rate awarded by the District Forum and the delivery of possession of the plot.

Ratio Decidendi: The court upheld the award of interest at 15% per annum from the date of deposit until possession was handed over, considering the deficiency in service for not delivering the plot as promised.

Final Decision: The appeal was dismissed, affirming the award of interest at 15% per annum and finding no force in the appeal.

ORDER

Mr. Justice K.C. Bhargava, President— This is an appeal against the order dated 4.2.1999 passed by District Forum, Ghaziabad in Complaint Case No. 961/1993.

2. Facts of the case in brief are :

That the complainant applied for plot in Govind Puram Scheme at Ghaziabad and deposited Rs. 1,30,010/- as registration money on 10.2.1982. Registration of plot was made in favour of the complainant and was assured delivery in 1991. Thereafter, total cost of plot amounting to Rs. 1,51,280/- made was up to 7.1.1992.

3. The District Forum, after considering the case, directed that interest shall be paid @ 15% per annum on the deposited amount from 7.1.1993.

4. Aggrieved from this order, appellant has come up in appeal and has challenged the correctness of the order passed by learned District Forum.

5. Counsel for appellant has been heard at the stage of admission. It has been argued by the Counsel that interest at higher rate has been awarded made by District Forum. He has further argued that possession has already been delivered on 21.4.1997.

6. A perusal of file goes to show that the interest has been awarded from 7.1.1993 till the date of handing over the possession @ 15% interest per annum.

7. A perusal of order of District Forum goes to show that entire cost of plot was deposited by 7.1.1992, hence the interest has been allowed after one year from depositing of entire amount giving sufficient time to the appellant to hand over the plot. As the possession was delivered in 1997, therefore, there is deficiency in the service in delivering the plot which was promised to be delivered in 1991.

8. On these facts, we do not find that interest @ 15% is on the higher side. We find no force in the appeal and the appeal is liable to be dismissed.

Appeal dismissed.

_

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