ORDER
                             Dated:  21-09-2016

Mohd. Anwar Alam, President

1.      DH / complainant filed this execution petition and alleged
that this forum passed an order in CC No. 396/2008 as under:

(i)To restore the allotment of shop no. LGF-1, Plot no. 5, LSE, New
Rajinder Nagar, Delhi and further to hand over the physical possession
on receipt of  balance outstanding amount without any interest in
favour of the complainant.

(ii)To pay interest @ 9% on Rs. 8,53,000/- from 01.04.2007 till the
date of delivery of possession because delay in delivery of possession
entitled the complainant to claim interest on his investment.

(iii)To pay a sum of Rs. 10,000/- as compensation to the complainant.

(iv)To pay a sum of Rs. 3,000/- as cost of litigation.

2.      But JD failed to comply the order hence this execution
petition U/s 25 and 27 of the Consumer Protection Act.

3.      Both the parties filed arguments. DH/ complainant in its
written arguments stated that in compliance  of the order of this
forum JD paid compensation for 93 months while interest for 95 months
was due. Thus an amount of Rs.13,023/- is payable by the JD.  He has
also alleged that in  addition to TDS, free hold conversion charges ,
registration charges and maintenance charges  were taken by the JD.
During arguments,the JD admitted that the due amount was paid  with 93
months interest vide DD dated 30-03-2015 therefore admittedly JD has
not paid two months interest to the JD. Deduction of TDS made by the
JD in compliance of the provisions of the Income Tax Act and free hold
conversion charges , maintenance charges were as per terms of
agreement and rules and bye laws are justified for these above
deductions.

4.      In these circumstances, execution petition of the DH is partly
allowed and JD is directed to refund DH the remaining interest of two
months and Rs.13,063/- within 60 days  from the date of this order
otherwise Recovery Certificate U/s 25 (3) be issued to the concerned
SDM to recover these amounts as recovery. File be consigned to record
room.



 Announced on this…………