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Judgment
VERY short issue is involved in the instant appeal. Smt. Rajni Nagar got into possession of a flat constructed by Allahabad Development Authority (for short A.D.A.) in a scheme known as Stanley Road Housing Scheme. Admittedly Rs. 1,34,000/- was deposited by the allottee Smt. Rajni Nagar and she entered into possession of flat on her request on 31.10.1990. the A.D.A. has demand a sum of Rs. 43,600/-, vide demand letter dated 2.5.1995 on the ground that the estimated value escalated into actual cost of Rs. 1,77,600/-.
CHALLENGING the aforesaid demand, Smt. Rajni Nagar went to the District Forum with a complaint alleging that since possession was delivered to the complainant on receiving Rs. 1,34,000/- and no further amount was demanded for a period of about five years towards the alleged demand of escalated price and, therefore, calling upon the complainant to pay Rs. 43,600/- was ultra vires the contract. It has been further pleaded by the complainant that time factor being essence of the contract, the A.D.A. should have no right to demand the alleged escalated price from the complainant having acquiesced to the possession of the complainant over the flat for all those years. The prayers made by the complainant found favour with the District Forum which proceeded on the basis that since the demand was made after five years of possession, the escalation was not to be chargeable as against the complainant. Aggrieved, the instant appeal has been filed. Mr. Deepak Mehrotra assisted by Sri Ishar Hussain has been heard on behalf of the A.D.A. Mr. Yogesh Kesharwani, learned Counsel for the complainant and also Sri S.K. Nagar husband of the complainant have been heard. The entire record has been perused.
It is to be stated at the out set that but for the question of making payment of the said sum of Rs. 43,600/-, no other issue was involved when the complainant had gone to the District Forum. The complainant obtained an order in her favour from the District Forum. When the appeal was filed, notice was issued upon which objections have been filed by Smt. Rajni Nagar to which rejoinder affidavit has been filed by Mr. Deepak Mehrotra on behalf of the A.D.A. It was stated during the arguments that A.D.A. has now made a demand of little over Rs. 1,00,000/- from the complainant adding interest on the said sum of Rs. 43,600/- which was demanded from her on 27.5.1995.
REBUTTING back to the merits of the matter, it is clear from the conduct of the parties that the possession of the flat was delivered to Smt. Rajni Nagar on her request. The pleading of the A.D.A. that the possession was handed over only on the request though some more work may have been done appears to be just and proper inasmuch as the demand for the escalated amount was not made at the time when the possession was handed over. It has been found through the record of the A.D.A. that possession of other flats in the same scheme was handed over to the various allottees in different years from 1989 to 1992 and escalated charges were paid by each one of them. The contention of the appellant that the A.D.A. should lose the battle because of delay in making the demand must be rejected at once. In the allotment letter, it is clearly written that the estimated cost of flat was Rs. 1,34,000/-. Once this is so, the fact of actual costing lingering for future is an automatic outcome. The liability to pay the escalated charges was, therefore, on the complainant. In this view of the matter, the District Forum erred in decreeing the complaint as it is. Coming now to the payability of interest on the said sum of Rs. 43,600/- as a result of which a demand of Rs. 1,00,000/- plus is being made by the A.D.A. from the complainant, it should be at once clarified that since the complaint was already filed by the complainant on receiving the demand and she got a decree in her favour, the payability of interest stood restricted by that order. There was no stay order in the appeal. Consequently the beneficial order obtained by the complainant continues till date as a result of which the payability of interest on the demanded amount of Rs. 43,600/- is stopped by Court''s order intervention. The A.D.A. is, therefore, precluded from demanding any interest on Rs. 43,600/- provided the complainant deposits the said amount within two months from today.
IN view of what has been stated above, the appeal succeeds and is allowed and is disposed of with the direction that the complainant shall deposit Rs. 43,600/- within two months from today and no further interest on the said amount shall be demanded nor is payable by the complainant. The A.D.A shall execute the sale deed in accordance with law within one month of making of the deposit. Parties will bear their own costs. This case is decided on the facts of the case and shall not be precedent for the other case. Let copy of this order be made available to the parties as per rules. Appeal allowed.