BIHAR STATE HOUSING BOARD Vs. MANI MOHAN GHOSH

JUDGEMENT

(1.) I.A. No. 2759 of 2013 has been filed to condone delay of 57 days in filing of the Appeal. Having heard the parties and considered the explanation for the delay, we allow the I.A. application and take up the Appeal for disposal on merits. The present Appeal arises from order dated 23.11.2012 allowing C.W.J.C. No. 14420 of 2005, directing refund of earnest money deposited for the Flat, alongwith 12% interest with quarterly rests within a period of eight weeks, failing which interest shall have to be paid at the rate of 18%.

(2.) Learned counsel for the Appellants submitted that after the writ petition was filed in the year 2005, a refund notice dated 16.7.2008 was sent to the respondent. Unfortunately, the Board was not represented before the learned Single Judge and this fact could not be brought to the attention of the Court. Nonetheless it was the duty of the respondent to fairly place the letter dated 16.7.2008 before the Court. The direction for payment of 12% interest came to be passed as the Court opined that no effort was made by the Board to make refund. Furthermore, the Court also opined that no allotment had been made to the respondent, when the fact is that allotment order had in fact been issued on 6.6.2001 for M.I.G. Flat No. 7MK-6/4. Reliance is placed on : (Bihar State Housing Board vs. Arun Dakshy, 2005 7 SCC 103) to contend that under Regulation 45, not more than 5% interest could have been awarded.

(3.) Counsel for the respondent submitted on oral instructions that the letter dated 16.7.2008 purporting to offer refund of earnest money was never received by the respondent. It was an afterthought during the pendency of the writ petition and therefore the order of the learned Single Judge warrants no interference. In the circumstances of the case, 20% deduction from the earnest money sought to be done by the Board as mentioned in the letter dated 16.7.2008 was also illegal.