SUCHDEV Vs. CHAIRMAN, CHANDIGARH HOUSING BOARD

JUDGEMENT

(1.) The prayer in the present petition is for issuance of a writ in the nature of mandamus directing the respondents to grant interest on the amount of Rs.4,72,180.00, which has been charged on account of payment of less payment of Rs.2.00, while paying instalments in respect of two bedroom flat in Sector 63, Chandigarh on leasehold basis under Retired/Retiring category of Sub scheme "A" allotted to the petitioner in draw of lots held on 7/4/2010. A further prayer has also been made by the petitioner for grant of compensation on account of harassment and damages suffered by him due to delayed possession in spite of depositing full amount for allotment of flat.

(2.) Briefly, the facts of the case as made out in the present petition are that respondent-authority i.e. Chandigarh Housing Board, Chandigarh floated a scheme of two bedroom flats in Sector 63, Chandigarh on leasehold basis under Retired/Retiring category of Sub scheme "A". The total consideration of the flat was fixed as Rs.28,64,051.00. Petitioner was registered for allotment of flat on second floor and was successful in draw of lots held on 7/4/2010. He paid all the instalments as per registration letter dtd. 15/6/2016 (Annexure P-2). Third instalment was paid by the petitioner on 26/4/2013, much earlier before the last date of payment i.e. 3/5/2013. He paid Rs.8,17,630.00 instead of Rs.8,17,632.00. He was not given possession in spite of depositing the total amount. Orally he was informed to deposit Rs.100.00 and thereafter Rs.17,000.00 as penalty amount as he deposited third instalment as Rs.8,17,630.00, which was Rs.2.00 less than the due amount. On the asking of the respondent-authority, the petitioner deposited said amount of Rs.100.00 on 7/4/2015 and Rs.17,000.00 on 21/8/2015. He made various requests for issuance of possession letter but no heed was paid to his request. Thereafter, the respondent-authority issued a letter for demand of more amount of Rs.4,55,084.00 on account of interest, whereas there was difference of Rs.2.00 only. Again he made representation but the same was not considered. Under the compelling circumstances, the petitioner had to deposit an amount of Rs.4,55,084.00 under protest on 29/6/2016 and while depositing said amount, it was specifically mentioned that he had deposited that amount under protest. Thereafter, the petitioner was issued an allotment letter on 12/7/2016. Possession of the flat was given on 21/7/2016 on payment of balance amount of Rs.86,042.00. Petitioner made various representations to the respondent-authorities to refund amount of Rs.4,72,180.00 but no action was taken. Ultimately, the amount was refunded to the petitioner after delay of approximately two years. Petitioner also made representation for claim of interest for keeping the amount from 29/6/2016 till 10/5/2018 as well as damages for harassment.

(3.) Being aggrieved by the action of the respondent-authorities in not paying interest on the refunded amount, the petitioner has filed the present petition.