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Judgment
HEARD learned Counsel for the appellant and perused order dated 9.9.1998 passed by District Forum, Ghaziabad in Complaint Case No. 257/96.
THAT the complainant deposited the amount for MIG flat No. 134A in Pratap Vihar Colony, Ghaziabad. Thereafter, he was handed over possession of the flat on 25.4.1994. But after 15 months, this flat was sold out to Santosh Medical Academy and the amount had been returned to the complainant. The opposite party has alleged that this is not a case of consumer dispute. But the learned District Forum allowed the complaint and directed the appellant to refund the money alongwith @ 15% interest.
Aggrieved from this order the appellant has come up in appeal and has challenged the rate of interest, awarded @ 15% per annum and if the amount is not paid within two months then @ 18% per annum.
ACCORDING to learned Counsel the rate of interest should have been @ 9%. We do not agree with the contention of learned Counsel. The complainant has not asked refund of amount but he was compelled to take back the amount as the house had been illegally sold by the appellant to some other person i.e. Santosh Medical Acedemy. In spite of its having delivered earlier to the complainant. This is high-handedness of the appellant in selling the flat to a third person. Thus compensation is in the form of interest @ 15% per annum and later on @ 18%, in case it is not paid within two months. Let the copy of this order be made available to the parties as per rule. Appeal dismissed.