ORDER

J.D. Kapoor, President (Oral)- Admittedly the appellant demolished the construction of house under the belief that the construction has been raised on an unallotted land whereas the fact later on revealed that the flat was purchased by the respondent from the original allottee.

2. On account of this lapse on the part of the appellant, the District Forum has vide impugned order dated 3.8.2004 directed it to pay compensation for demolition Rs. 1,80,000 along with interest from January 2003 till it is fully paid and Rs. 1 lac for mental agony and harassment and Rs. 2,000 as cost of litigation. Feeling aggrieved the appellant has preferred this appeal.

3. In terms of Section 14(1)(d) of the Consumer Protection Act, a complainant is entitled for an amount of compensation as to the actual loss suffered by him besides the injuries suffered by him for mental agony and harassment.

4. However, wherever there is no term of agreement between the parties as to the liability of the opposite party to pay interest, the interest can be awarded on the ground of equity, conscience and justice as held by the Supreme Court in Sovintorg (India) Ltd. v. State Bank of India, New Delhi, (1999) 6 SCC 406.