CHAIRMAN ORISSA STATE HOUSING BOARD Vs. H ACHARYYA

JUDGEMENT

(1.) This matter arises from a consumer complaint filed by Shri H. Acharyya against the Orissa State Housing Board (OSHB) in 1994. The Orissa State Consumer Disputes Redressal Commission decided the matter on 15.12.1998, concluding that the Complainant was no longer interested in taking any apartment from OP/OSHB and, therefore, the only issue to be decided was the rate of interest with which the amount deposited by him would need to be refundedby OSHB. The State Commission after detailed consideration of all the aspects gave the following decision:

(2.) In the appeal against the above order, by the OSHB, the National Commission took into consideration the cross-appeal by the Complainant Shri H. Acharyya filed against the same order of the State Commission in which enhancement of interest rate was sought so as to give him a substantial amount by way of damages. The National Commission relied upon its decision in HUDA v. Darshan Kumar, pronounced on 31.8.2001 in Revision Petition No. 1197 of 1998, and enhanced the interest to 18% per year. The National Commission also directed it will be payable after allowing a period of two years from the date of payment of each instalment. The order of the National Commission also shows the specific date from which 18% interest to be paid on the total amount of Rs. 3,25,000 paid by Shri Acharyya in eleven instalments. In view of this enhancement from 15% to 18%, the appeal filed by OP/OSHB was pronounced as having failed and been dismissed.

(3.) Both parties to the proceedings before the National Commission went in appeal to the Apex Court. Their appeals have been allowed and the matter has been remanded to the National Commission for passing a fresh order. The operative part of this order of Hon'ble Supreme Court, pronounced on 30.4.2009, reads as follows: