Heard the applicant who appears in person and the learned counsel for the respondent. The prayers in the Compensation Application were for compensation on account of failure to deliver the possession of the Apartment. The prayer was also made that apart from the compensation a direction should be given for delivery of possession. The prayer for direction to deliver the possession cannot be entertained in view of the decision of the Hon'ble Supreme Court in the matter of Ghaziabad Development Authority v. Ved Prakash Aggarwal . in Civil Appeal No. 794 of 2001. However, there is substance in another plea. In any event, the applicant is entitled to refund of the amount with interest. The respondent is directed to refund the amount along with interest @7.5% per annum from the date of deposit of the installments till the amount actually paid. The payment shall be made within a period of two months. The application is disposed of.
[Dr. Arijit Pasayat]
Chairman
[Rahul Sarin]
Member
[Pravin Tripathi]
Member