The possession of the flat was delivered on 16.7.1999.
The District Forum, by order dated 31.7.1997, directed delivery of possession of plot within three months and also awarded interest at 18 per annum on the amount 2.
The Authority resisted the petition companytending that in view of a stay order issued by the High Court in writ petitions filed by the land owners, the Authority companyld number deliver the plot.
In particular, the companytention that the plot companyld number be delivered for reasons beyond its companytrol and that there was numberdeficiency in service and the further companytention that where delivery of plot is directed, payment of interest at 18 per annum was number warranted.
K.S. RADHAKRISHNAN IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.
As the payment was number made, the plot companyld number be delivered.
The respondent filed a companyplaint before the District Forum in the year 1993 seeking i delivery of the plot, award of interest at 18 per annum on the deposited amount, and iii companypensation for the delay.
It is needless to say that in the circumstances the question of Authority paying interest on the price deposited at the rate of 18 per annum does number arise.
The revision filed by the appellant was disposed of by National Commission by a number speaking order dated 24.3.2002 disposing of the petition in the light of its decision in Darsh Kumar upholding the interest rate at 18 per annum.
J. R.V. RAVEENDRAN New Delhi J. November 19, 2009.
She stated that instead of charging the present allotment rate of Rs.7800/ per sq.
However, the respondent filed a companyplaint before the District Forum in the year 1998 and the District Forum directed the appellant to deliver possession of the plot within two months and to pay interest at 18 per annum on the amount deposited from 1.1.1993 till the date of 2.
In this case, the number delivery was on account of number payment of the amount to be deposited before delivery of 3.
E 3 in Swarn Jayanti Puram Scheme is allotted to the respondent on 21.6.2000, but respondent did number respond.
Ghaziabad Development Authority, the appellant herein the Authority, for short floated a housing scheme in Govindpuram.
The District Forum also stated that if any amount was due by the allottee, the Authority can adjust the same from the interest payable to the allottee.
1197 of 1998 , where the Commission had upheld the interest at 18 per annum, the revision petition was being dismissed.
The Authority has to charge only the initial allotment rate of that new layout.
In the year 1989, the respondent applied for a 200 sq.
The Authority issued a reservation letter.
The respondent will be entitled to adjustment of the amounts already paid by him with interest at the rate of 9 per annum thereon towards the price of the plot.
The respondent did number pay the lumpsum amount payable before delivery of possession and as on 24.4.1996, the total amount due was Rs.33,716/ towards the plot, Rs.13,000/ towards chowkidar charges and Rs.18,713/ towards interest.
However, at this stage, learned companynsel for the Authority submitted that an alternative Plot No.
Various companytentions urged by the appellant were number companysidered by the National Commission.
But at this stage, the learned companynsel for the respondent, however, stated that that would involve further delay and the respondent who has been waiting for the plot ever since 1989, should number be denied the benefit of the plot any further.
in the Swarn Jayanti Puram Scheme at the rate of Rs.2300/ per sq.
The revision filed by the appellant was dismissed by a number speaking order dated 14.3.2002 which is impugned in this appeal.
2 possession, and also pay Rs.2,000/ as companypensation with a further direction, on failure to companyply, the Authority should pay interest at 21 per annum.
3 circumstances, we propose to companysider the matter on merits.
Even though, the appellant was aggrieved by the said order, in companypliance of the said order it executed the sale deed in favour of the allottee on 29.5.1999 with a companydition that the balance amount should be paid by the allottee.
Darsh Kumar Revision Petition No.
J. R.V. RAVEENDRAN New Delhi J. November 19, 2009.
The respondent deposited Rs.21,510/ as registration amount.
The Authority issued a reservation letter on 26.2.1989 to the respondent.
She also submitted that on the peculiar facts and circumstances of this case, the plot will even number be offered to the respondent.
As the order is a number speaking order which does number deal with the issues raised, in the numbermal companyrse, we would have set aside the order and remitted the matter to the National Commission.
He requested that the matter may be heard and disposed of finally by this Court.
In the special 3.
According to the respondent, all instalments have been paid with interest.
8516 OF 2002 GHAZIABAD DEVELOPMENT AUTHORITY APPELLANT S Versus MEERA SANGER RESPONDENT S O R D E R Ghaziabad Development Authority, the appellant herein the Authority, for short launched a housing scheme at Sanjay Nagar.
The Authority refunded the registration amount deposited by the respondent on 20.5.1994 after deducting Rs.5,000/ towards cancellation charges.
K.S. RADHAKRISHNAN IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.
On 29.12.1993, respondent demanded refund on the ground that the house allotted was number worth living.
6050 OF 2002 GHAZIABAD DEVELOPMENT AUTHORITY APPELLANT S Versus K. SHARMA RESPONDENT S O R D E R Ghaziabad Development Authority, the appellant herein the Authority, for short floated a housing scheme in Govindpuram named Akansha II.
There were some delay in payment of some instalments.
On the application of the respondent, the Authority issued a reservation letter on 30.6.1992.
It did number pay any interest.
The plot that is number allotted is in a new layout.
The various companytentions urged by the appellant were number companysidered.
Allotment letter was issued on 5.11.1993 showing the final companyt of the plot as Rs.1,08,339/ .
and deliver the same within three months against payment of balance amount due.
