VIDYA SAGAR Vs. CHANDIGARH HOUSING BOARD

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 13.3.1997 passed by the State Commission, U.T. Chandigarh in Appeal Case No. 36 of 1995. The controversy has arisen from the following facts :

(2.) THE petitioner filed a complaint in the District Forum, Chandigarh on 7.9.1993 alleging that the houses allotted to them by the Chandigarh Housing Board were to have 1330 sq. ft. covered area, that the tentative cost of each unit was fixed at Rs. 2.25 lakhs, that the draw of lots was held in 1988 and the allotment letters were issued in August, 1989. The covered area of the ground floor flats was only 1250 sq. ft. as against the promised 1330 sq. ft. the allottees were made to pay Rs. 2,83,700/- per unit as against the estimated cost of Rs. 2.25 lakhs; that correspondingly there has been a reduction in the cost of upper floors which have been brought down from Rs. 2.25 lakhs to Rs. 2,22,300/- and Rs. 2,22,500/- for the first and second floor flats respectively. A direction was sought to the Board to give break up of the price and reduce the price. The District Forum after considering the respective pleas of the parties, returned the finding that the Chandigarh Housing Board could recover from each complainant a sum of Rs. 2,41,700/- and directed refund of excess amount to the complainants together with interest @ 18% p.a. from the date of deposit till actual refund.

(3.) WE have heard the learned Counsel for the petitioner. It was contended by Mr. Nidhesh Gupta that the order of the State Commission suffered from legal infirmity. The claim of the petitioner was within time. On merits it was contended that the State Commission went wrong in declining to go into the question of pricing of the flat.