As regardg charging of interest, it it stated that clause 3.50 of brochure relates to flats and houses built under Self Financing Schemes and the said clause does number apply to the plots.
The companyplainant being partly aggrieved by the impugned order of Commission filed Civil Appeal No.7439 of 1995 whereby it permitted the Authority to charge penal interest on delayed payment of instalments.
7199 of 1995 is filed by the Authority challenging the order of the National Commission to the extent it directs the Authority to return the amount of Rs.
It is number disputed before us that the claimants claim arise under the brochure and clause 3.50 and table 1 are part of the said brochure.
and the letters of allotment have been sent to them.
7439 of 1995 filed by the companyplainant.
The Authority filed its reply to the aforesaid companyplaint and stated that the plots have been allotted to the members of the companyplainant on 16.3.1994.
The brochure is at Annexure 1 in Civil Appeal No.7439 of 1995 filed by the companyplainant.
Civil Appeal No,7199 of 1995 is fiIed by the Authority challenging the order of the National Commission to the extent it directs the Authority to return the amount of Rs.25,37,669.00 to the companyplainant.
Civil Appeal No.
April 19,1992.
Consistent with these findings the National Commission by its order dated May 19, 1995 directed the Authority to refund the amount of interest charged 14 on the basis of companyumn 9 of table 1 to the companyplainant.
it is this order which is the subject matter of challege in both these appeals.
The entire companytroversy in both these appeals centers around the interpretation of clause 3.50 and companyumn 9 of table 1, Annexure 1 of the brochure issLed by the Authority.
26,70,246.00 recovered by way of interest and penal interest on the instalments and pay interest 18 per annum on the amount deposited with the Authority w.e.f.
The entire companytroversy in both these appeals centers around the interpretation of clause 3.50 and companyumn 9 of table 1, Annexure 1 of the brochure issued by the Authority.
7439 of 1995 whereby it permitted the Authority to charge penal interest on delayed payment of instalments.
It is this order which is the subject matter of challenge in both these appeals.
The National Commission further held that the Authority is within its rights to charge penal interest for the delay in payment of instalments.
WITH CIVIL APPEAL NO 7439 OF 1995 Sanchar Vihar Sahkari Avas Samiti Ltd., Ghaziabad V. Ghaziabad Development Authority, Ghaziabad O R D E R P. KURDUKAR,J. These two appeals can be disposed of by this companymon order since they arise out of a judgment and order dated May 19, 1995 in Original Petition No.345 of 1993 passeed by the National Consumer Disputes Redressal Commission, New Delhi for short National Commission .
Title of the brochure is Govind Puram Plots be directed to give possession of the duly developed plots within three months from the date of order of this Commission to refund the amount of Rs.2670?246.00 recovered My way of interest and penal interest on the instalments and pay interest 3 18 per annum on the amqunt deposited with the Authority w.e.f.
The Authority filed its reply to the aforesaid companyplaint and stated that the plots have been allotted to the members of the companyplainant on 16.3.1994 and the letters of allotment have been sent to them.
The National Commission further held that the Authority is within its rights to charge penal interest for the delay in payment of instalments.
The companyplainant being partly aggrieved by the impugned order of Commission filed Civil Appeal No.
The brochure is at Annexure 1 in Civil Appeal No.
It is issued by the Ghaziabad Development Authority, Ghaziabad, Uttar Pradesh.
As regards charging of interest, it is stated that clause 3.50 of brochure relates to flats and houses built under Self Financing Scheme and the said clause does number apply to the plots.
April 19, 1992.
Heard learned companynsel for the parties and perused the materials on record.
Heard learned companynsel for the parties and perused the materials on record.
Consistent with these findings the National Commission by its order dated May 19, 1995 directed the Authority to refund the amount of interest charged 14 on the basis of companyumn 9 of table 1 to the companyplainant.
Civil Appeal No.7199 of 1995 is filed by Ghaziabad Development Authority through its Vice Chairman whereas Civil Appeal No.7439 of 1995 is filed by Sanchar Vihar Sehkari Avas Samiti Ltd., Ghaziabad hereinafter referred to as the Complainant .
25,37,669.00 to the companyplainant.
It is averred in the petition by the companyplainant that the Ghaziabad Development Authority has violated the terms and companyditions inasmuch as failed to put them in possession of the plots within the stipulated period as prescribed in rule 15 of the brochure issued by the Ghaziabad Development Authority hereinafter referred to as the Authority .
