RAJASTHAN HOUSING BOARD Vs. SUBHASH CHANDRA UPADHYAYA

JUDGEMENT

(1.) APPELLANT was the opp. party before the State Commission.

(2.) COMPLAINANT /respondent submitted an application on 21.2.1989 to the appellant for getting himself registered under Kalptaru Scheme floated by the appellant for allotment of houses by depositing Rs. 10,000/ - towards registration charges. There was another Self Financing Scheme of the appellant known as Parijat Scheme. On 12.9.1989 the respondent opted for registration under Parijat Self Financing Scheme and made an application for that purpose. Respondent deposited a sum of Rs. 20,000/ - on 12.9.1989 as registration charges under Parijat Scheme. Under the scheme, allotment was to be made within two years. Under Self Financing Scheme, the appellant does not charge any interest as it constructs the houses with the finances provided by the applicants themselves. Respondent paid the last installment of Rs. 1,47,762/ - to the appellant on 23.12.1993. Possession of the house was handed over to the respondent on 24.1.1994.

(3.) RESPONDENT filed the complaint alleging that since the appellant had failed to make the house available within two years as mentioned in its Parijat Scheme, the respondent was entitled to interest @ 18% for the delay in handing over the possession. State Commission disposed of the complaint by observing thus :