Full Judgment
J.D. Kapoor, President:
1. On account of discrepancy in the calculations of the interest on the defaulted instalments made by the respondent in respect to the purchase of flat from the appellant, the appellant DDA has been vide order dated 30.8.1999 directed to refund Rs. 13,976.60 being the excess amount of interest charged on delayed payment along with Rs. 1,000 as cost of litigation.
2. Feeling aggrieved by the order the appellant has directed this appeal.
3. According to the appellant the respondent committed as many as four defaults in making payment of instalments whereas according to the respondent he had committed only two defaults. The perusal of the records shows that the first demand letter was issued in December 1990 and the payment was made within one month but the appellant treated it as late payment or defaulted payment on the ground that the construction had commenced in the month of August 1990, whereas the fact remains that the draw of lot was held on 15.11.1990. It is apparent that the demand could not have been raised before the draw of lot and there was no default on the part of the respondent in making payment.
4. Since the question whether there was default for subsequent instalments or not was question of fact and was gone into by the District Forum by discussing the contentions of both the parties at length and also by giving reasons as to the proof of default committed by the respondent, we do not feel inclined to interfere with the impugned order which is based upon finding of facts.
5. In the result, the appeal is dismissed.
6. Bank Guarantee/FDR, if any, furnished by the appellant be returned forthwith.
7. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room.
Appeal dismissed.