KERALA STATE HOUSING BOARD Vs. GRACE JOSEPH

JUDGEMENT

(1.) LEAVE granted. Heard both parties.

(2.) THE appellant, Kerala State Housing Board ('Board' for short) allotted a premises (land and building) to the respondent in terms of agreement of sale dated 08/04/1992. Clause (4) of the agreement fixed a sum of Rs.31260/- as the tentative land value and tentative service charges (for providing amenities). The said clause also fixed the (final) cost of the structure as Rs.86992/-. Clause 10 enabled the Board to refix of the final price of the land and service charges, on account of enhancement of compensation for acquisition of the land and increase in the cost of amenities. Clause 11 provided for the interest payable on the difference between the tentative price and the final price fixed. The said Clauses 10 & 11 are extracted below:

(3.) FEELING aggrieved, the respondent approached the High Court contending that no particulars of the increased cost were furnished to her and that she was not liable to pay the additional amount claimed by the Board. A learned Single Judge of the Kerala High Court, by order dated 14/06/2005 disposed of the writ petition by directing the appellant Board to furnish a detailed statement of account (showing the actual cost and the interest) to the respondent. Learned Single Judge also observed that if on receiving the statement of account the respondent wanted to dispute any part of the claim, she may have to approach the Civil Court, as that was in the nature of a civil dispute.