NCDRC

NCDRC

RP/4010/2009

HUDA - Complainant(s)

Versus

ONKAR SINGH - Opp.Party(s)

MR. R.S. BADHRAN

18 Mar 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 4010 OF 2009
(Against the Order dated 09/11/2006 in Appeal No. 1684/2006 of the State Commission Haryana)
1. HUDAThrough its Chief Administrtor Sector-6, Panchkula ...........Petitioner(s)
Versus
1. ONKAR SINGHS/o. Sh. S.P. Singh r/o. Principal'S house S.A. Jain College.Ambala ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE B.N.P. SINGH ,PRESIDING MEMBER
For the Petitioner :MR. R.S. BADHRAN
For the Respondent :NEMO

Dated : 18 Mar 2010
ORDER

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Residential plot bearing No.342-P measuring 220 Sq. Mtrs. in Sector-3, Kurukshetra was allotted to respondent by virtue of allotment letter issued on 20.12.1989 on tentative cost of Rs.1,11,421.65 by petitioner authority, following which respondent made deposit of Rs.83,566/- followed by further deposit of Rs.40,000/-. After respondent approached petitioner for securing statement of account in order to get assured about his outstanding liability payable to petitioner, a demand for Rs.3,32,536/- was raised against him. After respondent learnt that sum of Rs.3,32,536/- was inclusive of compound interest which he was made liable to pay, a consumer complaint came to be filed with District Forum which was resisted by petitioner holding liability of respondent to pay compound interest on installments due.

-2-

 

District Forum, however in its conclusive finding directed petitioner-HUDA to recalculate entire amount, regard being had to liability of respondent to pay only simple interest @ 10% on delayed payment of installments. Cost of proceeding with Rs.2,000/- was also awarded by District Forum. State Commission too affirmed finding of District Forum in appeal taking notice of various decisions by different authorities. It is how that petitioner is in revision. It is crystalised from catena of decisions of Courts that liability of allottee qua the petitioner would be restricted to pay simple interest on delayed payment of installments in absence of contract. I find no infirmity in finding of the State Commission, which is accordingly affirmed, dismissing revision petition with no order as to costs..



......................JB.N.P. SINGHPRESIDING MEMBER