BIHAR STATE HOUSING BOARD Vs. KAMESHWAR PRASAD SINHA

JUDGEMENT

(1.) THIS appeal has been filed by the Executive Engineer, Housing Board, Patna for setting aside the order dated 23.12.2006 passed in Consumer Complaint No. 173/ 2005 by the learned District Consumer Disputes Redressal Forum, Patna (hereinafter to be referred to as District Forum) wherein it has been held that the Housing Board is not entitled to realize any further amount from the respondent -complainant and the amount so paid by the respondent -complainant to the Housing Board appears to be more than the price of the flat and therefore, on the basis of such receipt of money from the respondent, the Housing Board shall execute the deed of registration in favour of the complainant -respondent within two months.

(2.) WE have heard the learned Counsel of both sides and perused the record, pleadings and papers available with the record.

(3.) THE respondent Kameshwar Prasad Sinha had filed a complaint in the District Forum to this effect that he was allotted a MIG flat bearing No. MF 6/6 and as per agreement estimated price of the flat was Rs. 82,530 on the date of allotment, i.e., on 30.6.1987. The complainant till the date of filing of the complaint in various instalments had paid Rs. 1,27,692. The delivery of possession could not be effected in favour of the complainant due to its illegal possession by unscrupulous elements and as such, the flat got damaged and ultimately in the month of December,1992 illegal possession of the flat was vacated and was given possession to the complainant. The complainant had to spend Rs. 45,000 and odd for making it habitable by making necessary repair. In addition to that the Housing Board has been demanded Rs. 37,000 and odd till December,2004 on various counts, which was illegal, arbitrary and more than the cost as stipulated above.