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Judgment
THIS is an appeal against the judgment and order dated 11.3.1998 passed by District Forum, Ghaziabad in Complaint Case No. 470/1997.
THE facts of the case stated in brief are that the complainant applied for a flat in Govind Puram E.W.S. scheme in May, 1989 and deposited Rs. 32,000/- as cost of the flat. THE total amount was deposited upto 16.1.1992. THEreafter the cost of the flat was increased to Rs. 80,900/- and the possession has not been given so far. As the cost has been increased enormously the complainant is not willing to have the house. He has also claimed damages. Opposite party has alleged that it has the right to increase the price. All the houses in that scheme were given to Shanti Suraksha Bel. The money can be refunded according to rules.
Learned District Forum decreed the claim of the complainant alongwith 18% interest and cost of Rs. 1,000/-.
AGGRIEVED against this order of the learned District Forum, the Ghaziabad Development Authority has come in appeal and has challenged the order of the District Forum. The appellant has been heard at the admission stage without issuing notice to the opposite party.
THE learned Counsel for the appellant has argued that the area of the flat has been increased and hence the price was also increased to Rs. 80,900/- from Rs. 32,000/-. It has further been seen that the house was not handed over. Thus on both these counts there is a deficiency of service and the order passed by the learned District Forum was perfectly right and requires no interference. THE appeal is liable to be dismissed except that the interest is to be reduced from 21% per annum to 18% per annum which has been awarded as penal interest. Order The interest from 21% is reduced to 18% per annum. The appeal is allowed to this extent only. The order and judgment of the learned District Forum shall stand modified accordingly. The compliance of this order be made by the appellant within a period of two months from the date of this order. Let copy be made available to the parties as per rules. Appeal partly allowed.