SHELL BHARGAVA Vs. RAJASTHAN AVASAN MANDAL

JUDGEMENT

(1.) These cross appeals under Sec.15 of the C. P. Act, 1986 (the 'act') from the order of District Forum, Jaipur-I in Complaint Case No.790 of 2000, arise under the following circumstances :

(2.) Smt. Shell Bhargava (hereinafter referred to as the 'complainant') had applied to the Rajasthan Housing Board (herreinafter referred to as the 'respondent') for allotment of a residential house to her on outright sale basis. She had duly deposited the registration fee of Rs.10,000/- and thereafter all the three instalments of the seed money amounting to Rs.95,000/-. By their allotment-cum-possession letter dated 31.5.1997 the respondents allotted to her House No.33/37 of H. I. G. Duplex Category in their Mansarovar Scheme and after having adjusted the amount paid by the complainant, required her to deposit the balance amount of Rs.4,94,405/- within three months of the date of the issue of the allotment letter alongwith all relevant documents. The complainant, however, noted that the amounts of second and third instalments of the seed meney totalling to Rs.65,000/- were not adjusted while calculating the balance of the amount payable by her. She accordingly invited the attention of the respondents to that fact and requested them to modify the demand. Realising their mistake the respondents rectified the mistake and issued the amended allotment-cum-possession letter on 12.8.1997 requiring the complainant to deposit the balance amount of Rs.4,31,142/- only within a period of next three months from the date of the letter dated 12.8.1997. The complainant deposited the aforesaid amount within the time allowed and requested the respondent to deliver the possession of the allotted house to her. The respondents, however, required her to deposit Rs.18,900/- more as interest payable @ 20% p. a. on the delayed payment of the balance amount. The complainant protested in vain against the illegal demand and fought a loosing battle before the Settlement Committee, which directed the complainant to pay Rs.22,523/- on account of interest at Rs.18,900/- lease-money from January, 1998 to July, 1999 amounting to Rs.3,032/- and interest amounting to Rs.591/- payable on lease-money. The complainant deposited the aforesaid amount plus Rs.1,394/- imposed on her on account of penalty, under protest and obtained possession of the allotted house on 22.12.1999. She then approached the District Forum with her grievance claiming, (i) refund of Rs.18,900/- plus Rs.1,394/- with interest @ 20% p. a. from 22.10.1999; (ii) interest on Rs.4,31,142/- @ 20% p. a. from 12.11.1997 to 22.12.1999; and (iii) Rs.10,000/- on account of compensation for mental agony plus cost of litigation.

(3.) The respondents contested the complaint with the plea that since the complainant had not submitted the copies of challans, depositing IInd and IIIrd instalments, the mistake in calculating the balance amount payable by her was committed in the allotment letter dated 31.5.1997 and, therefore, interest and penalty for delayed payment of the balance amount were rightly charged from her.