MAJOR LOKNATH JAGGI Vs. CHAIRMAN BHOPAL DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) These two revision petitions have been filed by both the parties before us against the order of the State Commission.

(2.) Brief facts of the case are that the complainant, in response to an advertisement floated by Bhopal Development Authority (B.D.A.) applied for a flat being constructed/constructed by B.D.A., whose price was given as Rs. 3,35,000/-. Complainant paid Rs. 50,000/- on 18.8.1993 at the time of booking and agreed to pay the remainder amount of Rs. 2.85 lakhs in two instalments. This amount was increased by B.D.A. attributing it to cost escalation, charged some other amounts by way of registration charges, interest for delay amounts, etc. The possession of the flat was given on 14.12.1994 which according to the complainant was incomplete. Being dissatisfied on account of cost escalation (Rs. 47,750/-) levying of registration and interest charges and delivery of incomplete flat while charging full amount, the complainant approached the District Forum seeking various reliefs where proceeding ex parte against B.D.A. based on material on record. District Forum directed the complainant to approach Civil Court for getting relief with regard to cost escalation levied by B.D.A. yet granting relief to the extent of ordering refund of Rs. 6,313/- charged as interest for delayed payment by B.D.A., Rs. 3,000/- as compensation and Rs. 500/- as cost. Being dissatisfied with this order the complainant filed an appeal before the State Commission who, after hearing both the parties and on perusal of the report of Commission appointed to ascertain the cost of repairs to the house ordered that the BDA refund Rs. 47,700/- charged as escalated cost with interest @ 18% from 23.1.1994 till the date of payment, Rs. 33,393/- as cost of repairs, as per report of the Commission, till the date of payment along with interest @ 18%, refund of Rs. 6,396/- relating to registration charges along with interest @ 18% from 8.12.1994.

(3.) Two separate revision petitions have been filed by both the parties against this order.