PRADEEP BINDAL Vs. DELHI DEVELOPMENT AUTHORITY
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
DELHI DEVELOPMENT AUTHORITY
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(1.) THESE are cross -appeals preferred against impugned order dated 5.3.2003 passed by the District Forum. Appellant DDA is aggrieved of the interest awarded @ 18% on the retention money whereas the appellant Pradeep Bindal is aggrieved of the rate of interest awarded @ 7% on the amount deposited by him for delayed delivery of possession of the flat.
(2.) THERE is no dispute that the possession of the flat was given after six years of the stipulated period of two years. The appellant DDA awarded 7% interest after 2 years for the first six months and, thereafter, @ 10% interest beyond the period of 36 months as per terms and conditions of the allotment.
(3.) AS against this the District Forum has awarded interest @ 18% on the belated construction interest. Appellant has also deducted Rs. 15,549 towards TDS. Admittedly this amount has not been deposited by the appellant with the Income Tax Department.
Parties are always governed by the terms and conditions of the contract. In terms of the contract the appellant DDA was liable to pay interest @ 7% upto 30 months and @ 10% beyond 36 months. Since TDA amount has not been deposited with the Income Tax Authorities, the DDA was liable to either refund this amount or give a certificate that this amount was deducted and deposited with the Income Tax Authorities.;
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