NCDRC

NCDRC

RP/4135/2011

KANPUR DEVELOPMENT AUTHORITY & ANR. - Complainant(s)

Versus

RAKESH KUMAR TIWARI - Opp.Party(s)

MR. ABHISHEK CHAUDHARY

06 Sep 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4135 OF 2011
 
(Against the Order dated 19/07/2011 in Appeal No. 2039/2006 of the State Commission Uttar Pradesh)
1. KANPUR DEVELOPMENT AUTHORITY & ANR.
Kanpur Development Authority, Mothijheel
Kanpur Nagar
U.P
...........Petitioner(s)
Versus 
1. RAKESH KUMAR TIWARI
R/o 30/E-23 Dabouli
Kanpur Nagar
U.P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S.K. NAIK, MEMBER

For the Petitioner :MR. ABHISHEK CHAUDHARY
For the Respondent :MR. ANIL KUMAR MISHRA

Dated : 06 Sep 2012
ORDER

Limited notice was issued to the respondent only on the question as to whether in the given facts and circumstances of the case, the State Commission was justified in awarding interest @10% p.a. on the deposited amount for the period during which the sale-deed was not executed. We have heard counsel for the parties. Counsel for the petitioner KDA submits that the petitioner is ready to comply with that part of the order of the State Commission by which the petitioner authority has been directed to execute the sale-deed in favour of the respondent / complainant without charging any further amount from the respondent / complainant as was demanded subsequently after the deposit of the entire consideration. He submits that once the respondent has got substantial relief in the matter, i.e., he is allowed to pay the cost of the plot in question as per the old rate and the matter remained in dispute for some time in that behalf. There was no justification for award of interest. 2. On the other hand, counsel for the respondents fully supports the order passed by the District Forum and submits that the District Forum has awarded interest @18% p.a. which was reduced by the State Commission to 10% p.a. 3. Having considered the facts and circumstances of the case, we are of the view that impugned order does not suffer from any illegality, material irregularity, much less any jurisdictional error which warrants interference of this Commission. The revision petition is dismissed with the direction to the petitioner to execute the sale-deed of the plot, in question, including the extra additional area within 45 days from today, failing which the rate of interest shall enhance to 18% p.a. as was awarded by the District Forum. The revision petition stand disposed off accordingly.

 
......................J
R.C. JAIN
PRESIDING MEMBER
......................
S.K. NAIK
MEMBER

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