H U D A Vs. PROMILA RANI

JUDGEMENT

(1.) -THIS Revision Petition arises out of the order of State Commission dismissing the appeal filed by the petitioner, HUDA.

(2.) BRIEF facts of the case are that the complainant/respondent on reallotment took the possession of shop-cum-flat No. 28 in Sector 13 measuring 137. 5 sq. mtrs. in Karnal on 9. 3. 1999. It appears that the originl price of Rs. 1,47,000 was paid but the problem started when the petitioner demanded a further sum of Rs. 62,780. 80 as the cost of increased area. Original cost paid for, was for area measuring 121 sq. mtrs. The additional demand compromised of two components, cost of additional area and interest from 1981 (Rs. 20,045. 45 + Rs. 4,27,351. 35 ).

(3.) THE complainant paid Rs. 21,000 towards the cost of plot but did not pay the interest on the ground that interest as per terms of allotment could not be charged from the date of possession. He has already paid Rs. 954. 55 (Rs. 21,000 - Rs. 20,045) for which the complainant moved the District Forum seeking refund of excess amount already paid and requesting for a direction to be issued to the petitioner not to charge the amount of interest being demanded. The District Forum after hearing both the parties allowed the complaint and directed refund of Rs. 954. 55 with interest @ 12% from the date of deposit, not to charge the interest before the date of issue of notice i. e. , 21. 12. 1998 and cost of Rs. 500. Appeal filed by the petitioner was dismissed in limine, hence the revision petition.