The complainant in the present complaint is claiming interest amounting to Rs.84,67,671/- on the amount of Rs.2,08,000/- deposited by him on 19.11.2010 and Rs.18,74,688/- deposited on 11.2.2011 with the opposite parties.
2. Admittedly, the abovesaid amount was deposited by him for allotment of MIG Flat No.204-A, Block A, 2nd Floor, measuring 1015 sq. feet by way of draw held on 19.11.2010. Physical possession of the flat alongwith all amenities, has not been delivered to him. It is also admitted by the complainant in para no.6 of the complaint that he had filed complaint No.81/2018 on 12.2.2018 before The District Forum, Gurdaspur in which the opposite party i.e. Improvement Trust authorities were directed to expedite handing over of the possession of the ‘Flat’ (in question) complete in all respect with all promised infrastructure facilities latest by 31.10.2018 and opposite parties were also directed to pay Rs.10,000/- as compensation and Rs.5,000/- as litigation cost.
3. Undoubtedly, the complainant deposited the amount for allotment of MIG Flat and the same was allotted. Complainant for handing over the possession and providing facilities/amenities has already been decided. Execution for compliance of the order is also pending.
4. Now the complainant is demanding interest on the same amount @ 18% P.A. If by the passage of time, value of the amount has come down and the prices have hiked, on the other hand, value of the flat has also gone high. As such, the complainant cannot claim interest on the said amount. Moreover, when the complaint qua this very flat has already been decided and execution is pending, now the complainant is debarred from filing the second complaint for this very flat.
5. Hence, in view of the above discussion, this complaint does not lie and the same is dismissed.
6. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.
(Neelam Gupta)
President
Announced: (Harvimal Dogra)
March 19, 2021 Member
*MK*
