M P HOUSING BOARD Vs. JAGAT KISHORE KHARE

JUDGEMENT

(1.) This revision petition has been filed by the petitioner - housing Board against the order of the State Commission directing the respondent/complainant to pay Rs. 23,500/- to the petitioner as the remaining cost of the house allotted by the former to the latter.

(2.) Briefly, the facts are that the respondent/ complainant was allotted a house on 12.9.1998 by the petitioner Board. Initial charge i.e. Rs. 3,375/- towards cost of land and Rs. 600/- being 20% of cost of house was paid by the respondent/ complainant. Respondent/complainant had already deposited a further sum of Rs. 500/- on 10.5.1978. Petitioner Board vide its its letter dated 11.3.1992 demanded Rs. 76,693.55 from the respondent so as to execute the sale deed. This amount comprised balance principal and the interest/penal interest amount. Instead of making any payment, the respondent/complainant filed complaint before the District Forum averring that the petitioner Board had no right to demand interest and penal interest on the balance amount as they had not fixed the instalments, mode of payment, periodicity of payment. According to them, he has already paid the amount to the Co- operative Society, by virtue of whose membership, he got the house. Both the lower FORA after hearing both the parties passed the order directing the respondent/complainant to pay Rs. 23,500/- to the petitioner Board. This figure has been arrived at by assessing the total cost of the house at Rs. 30,000/- (on the basis of original demand of Rs. 6,000/- being 20% of the cost of the house) minus Rs. 6,500/- admittedly deposited by the respondent/complainant. Both the lower Fora did not accept any payment made to the Society as available to the petitioner Board. The moot question agitated before us is the rate of interest. This is the main thrust of the revision petition.

(3.) What is undisputed is that the respondent/complainant was in possession of the house since 18.9.1978 after making an initial payment of Rs. 9,375/- only (Rs. 3,750/- being the cost of land + Rs. 6,000 /- being 20% cost of the House). He had been enjoying the possession of the house worth Rs. 33,375/- (cost of house and land) after making a payment of Rs. 9,375/- only. Even when notice is sent to the respondent/ complainant in 1992, instead of paying the principal amount, he goes to the District Forum and finally pays the amount only on 23.6.1999 i.e. after two years and three months of the order of the State Commission, thus, making the bona fides of the respondent/complainant very much suspect. It is appalling that no attempt whatsoever was made to make any payment by the respondent/complainant at whatever stage giving us the impression that he thought the house is his for Rs. 9,375/- only.