RAJ HOUSING BOARD Vs. YOGENDER SINGH PUNDIR

JUDGEMENT

(1.) THESE two cross appeals are being disposed of by this common order since both of them arise out of an order of the District Forum, Alwar dated 19.6.1995. Rajasthan Housing Board has filed Appeal No.1421/1995 against the direction of the Forum to restrict the realisation of interest @ 13% p. a. on the money to be recovered from the respondent Yogender Singh whereas Yogender Singh in Appeal No.1533/1995 has sought that he is not liable to pay even 13% interest on the amount due towards the Housing Board.

(2.) WE heard the learned Counsel for the complainant Yogender Singh and the departmental representative Sh. G. C. Gupta on behalf of the Rajasthan Housing Board and have carefully gone through the material available on the record.

(3.) IT is undisputed that Yogender Singh had originally applied to obtain a constructed house from the Housing Board on hire purchase basis which he subsequently got it converted under the outright sale basis. He was accordingly allotted House No. : 1 Ta 14 Pratapnagar, Manu Marg, Alwar and was issued an allotment order claiming an amount of Rs.77,685.80 from the complainant. Since Yogender Singh was a Government employee he sought the sanction of loan from the Government which was timely granted but since it was to be disbursed in five instalments he could not pay the amount for the said allotted house in one attempt. He however, paid the aforesaid amount between 2.2.1982 to 27.6.1986. The complainant Yogender Singh was delivered possession on and thereafter he demanded the Housing Board to issue him No Due Certificate. He wrote again and again to the Housing Board right from the year 1987 till 1991 asking the Housing Board to communicate him the lease money which he has to pay for the said house. It appears that the Housing Board did not respond to any of his communication earlier than 15.5.1992 through which it demanded an amount of Rs.35,572/ -. This amount included the lease money of Rs.2,795/ -. Finding that the Housing Board was asking for excessive amount he approached the District Forum to seek redress from the penalty and interest included by the Housing Board from their demand dated 15.5.1992. The complaint was opposed by the Housing Board and after consideration of the pleadings of the parties and evidence led there, the Forum decided the complaint by awarding partial relief to the complainant. Both of the parties feeling aggrieved have now approached this Commission as stated earlier.