K B JOSHI Vs. M P HOUSING BOARD

JUDGEMENT

(1.) THIS appeal and appeal No. 2365/2008 Rajkumar Kushwaha v. M.P. Housing Board and Another, raise common controversy, with the result both the appeals are being decided by this common order. Both the appeals assail order dated 26.6.2008 passed in case Nos. 575/07 and 677/07 by the District Consumer Disputes Redressal Forum, Bhopal.

(2.) LEARNED Counsel for appellant submits that since the plot had been transferred by the respondent/ Housing Board in the year 2004, it should not have claimed escalation on the price of the land. The allotment was made subject to the condition that the appellant shall pay Rs. 4,80,000 out of which Rs. 1,91,250 was the price of the land. It is, therefore, only on the remainder i.e. Rs. 2,88,750, the respondent/Board could have charged escalation as per agreement and not on the total amount of Rs. 4,80,000. the appellant has also relied upon the judgment of this Commission M.P. Housing Board through the Estate Officer v. Shivaji Rao Nikhale, 2008 4 CPJ 438 to the effect that interest can be awarded by way of compensation @ 12% per annum on the amount deposited by the respondent by way of cost of the house with the appellant for the said period of eight years. In that case this Commission was dealing with inordinate delay in construction and it was in the context that 12% interest was awarded. Learned Counsel for the respondent has referred to the decision of the National Commission in the case of National Consumer Awareness Group (Regd.) Chandigarh v. The Housing Commissioner, Punjab Housing Development Board, Chandigarh, 1997 3 CPJ 88. Our attention has been invited to paragaraph -3 of the said judgment, which reads as under:

(3.) HOWEVER , in the National Consumer Awareness Group , it has further been held that.