SITA DEVI Vs. BIHAR STATE HOUSING BOARD

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner had applied for allotment of a flat with the Bihar State Housing Board on 13.1.1994 and made a deposit of Rs. 17,000/- in form of a draft. On 4.3.1994 she was informed by the respondents that flat bearing No. 6SFC-1/8 had been allotted to her. She was asked to make deposit of Rs. 1,54,875/- within 30 days so that the flat could be delivered to her. The petitioner deposited a sum of Rs. 1,54,8767 on 31.3.1994. It was to be seen that the petitioner deposited the entire amount but possession of the flat could not given to her, therefore, out of sheer frustration and being aggrieved by the platonic approach adopted and indifference shown by the respondents, she made an application to the respondents on 29.10.1996 that she was not ready and willing to have the flat, therefore, the total amount deposited by her be refunded. The respondents deducted 20% from it and refunded the balance.

(3.) The petitioner is before this Court submitting, inter alia, that the respondents were not entitled to deduct 20% from the said deposits. The respondents submitted before this Court that the flat was ready for delivery but the petitioner was not ready and willing to accept the possession and as the petitioner herself made an application for the refund, in accordance with the terms and conditions of the allotment, the respondents were entitled to deduct the said money. It is also submitted by them that from perusal of the allotment letter, if would clearly appear that the respondents had stated that the reasonable delay in delivery of possession would be a good cause and condonable in favour of the respondents. It is submitted by them that the petitioner's petition deserves to be dismissed.