REKHA LALL Vs. BIHAR STATE HOUSING BOARD

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the learned Counsel appearing on behalf of the Bihar State Housing Board.

(2.) The petitioner seeks a direction for refund with interest of the 20% of the purchase price wrongly withheld by the respondents while returning the balance sale price of Rs. 96,000/- paid by him. The additional prayer is for payment of interest on the balance amount of Rs. 96,000/- refunded by the Board to the petitioner.

(3.) The respondent Board advertised on 20.2.1985 inviting applications for construction of 384 residential apartment blocks in Bahadurpur in the town of Patna. The Applicants were required to deposit a sum of Rs. 15,000/- as earnest money. The petitioner deposited the same. On 20.1.1987 the Board came out with a consequential advertisement it proposed to construct 384 HIG Flats of four floors. The ad-hoc price of the flat was estimated at Rs. 1,90,000/-. The Board proposed to finance it with a loan from "HUDCO" and the instalments to be paid by the purchasers. The construction was to be completed in two years. A lottery was proposed to be held for the purpose of allotment. The successful allottees after the draw of lots were required to deposit a sum of Rs. 1,05,000/- in the manner prescribed and within the time specified in the advertisement. The first installment of Rs. 30,000/- was to be paid within one week and balance within next six months. In the manner prescribed. The petitioner was successful in the draw of lots. The petitioner then deposited the sum of Rs. 1,05,000/- within time. The petitioner thus deposited the total amount of Rs. 1,20,000/- as required by the terms and conditions of the advertisement. The balance of Rs. 70,000/- was to be deposited by the allottees in monthly instalments after completion of construction and execution of agreement.