BIHAR STATE HOUSING BOARD Vs. ARUN DAKSHY

JUDGEMENT

(1.) This appeal preferred by the Bihar State Housing Board is directed against the judgment and order dated 5.10.2001 passed by the National Consumer Disputes Redressal Commission (hereinafter the Commission) passed in Revision Petition No.2099 of 1999 affirming the orders passed by the State Consumer Dispute Redressal Commission and District Consumer Forum awarding interest @ 18%.

(2.) Despite receipt of the notice, none entered appearance on behalf of the sole respondent.

(3.) Briefly stated the facts are as follows:- On 27.7.1989, the respondent deposited an amount of Rs.15000/- for allotment of MIG House in Barari Housing Colony in Bhagalpur, Bihar, under the Bihar State Housing Board (Management and Disposal of Housing Estate) Regulation 1983 (hereinafter the Regulation). Under the Regulation, the allotment of plots/house/flat is to be made by draw of lottery. The respondent was unsuccessful in the draw of lottery and so he could not be allotted a house under the MIG category. On 28.7.1993, the respondent issued legal notice to the appellant for refund of an amount of Rs.15000/-. The aforesaid notice was replied by a letter dated 6.10.1993 by the appellant, directing the respondent to submit original pay-in-slip for the purpose of refund. On 15.11.1994, the respondent submitted the original pay-in-slip. Thereafter, the appellant refunded Rs.15,000/- to the respondent vide cheque No. 223231 dated 6.12.1995. On 26.3.1996, the respondent filed a complaint before the District Forum. The District Forum passed an Award directing the appellant to pay Rs.15,000/- with 18% interest. The appellant was also directed to pay Rs.5,000/- as compensation. Being aggrieved, the appellant filed an appeal before the State Consumer Commission, which was rejected, being barred by limitation.