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R.C.JAIN, ANUPAM DASGUPTA
HUDA – Appellant
Versus
RAJ KUMAR GUPTA – Respondent


Advocates Appeared:
Mr. R.S. Badhran, Advocate, for the Appellant; Mr. Alok Jain, Advocate (Caveator), for the Respondent

ORDER

R.C. Jain, Presiding Member (Oral)- This appeal is by way of second round of litigation before this Commission. On an earlier occasion; the HUDA had filed an appeal being F.A. No. 41/99 before this Commission feeling aggrieved by the order dated 21.12.1998 passed by the Haryana State Consumer Disputes Redressal Commission in complaint case No. 58/96. This Commission disposed of the said appeal vide order dated 21.4.2006 and remanded back the matter to the State Commission only on limited question in regard to the escalation of price due to intervening period during which the actual vacant physical possession was not handed over to the complainant/respondent. The observations made in the said order by this Commission are as unden

"Insofar as relief in Clauses 4 and 6 is concerned, it is covered by the judgment in the case of "Ghaziabad Development Authority v. Balbir Singh", (2004) 2 CPJ 12 (State Commission), Consequently, the complainant shall be entitled to the interest @ 12% p.a. and would not be entitled to Rs. 2,00,000 as compensation.

The only point on which we feel that the matter should be remanded to the State Commission would relate to escalation in the cost of constr

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