NAVJYOT KHANNA Vs. CHANDIGARH HOUSING BOARD

JUDGEMENT

(1.) Complainants as well as the opposite party before the State Commission have filed these appeals against the judgment and order dated 30.3.2007 passed by the State Consumer Disputes Redressal Commission, UT Chandigarh (in short, 'the State Commission') in Complaint No. 68/06 whereby the State Commission partly allowing the complaint has directed the Opposite Party, Chandigarh Housing Board, to pay interest @ 16.5% on the amount of Rs. 2,70,000 deposited by the Complainants. Rs. 1,00,000 were awarded towards compensation for mental agony in addition to Rs. 20,000 as costs.

(2.) The Housing Board sua motu raised the price of flat from Rs. 3,00,000 to Rs. 4,75,000 which was challenged by the allottees including Smt. Bhagwanti Devi by filing writ petition No. 15288/1992 titled Hem Raj Bansal & Ors. v. Chandigarh Administration, in which stay was granted on recovery of enhanced price by the Division Bench on 20.11.1992. Ultimately the writ petition was dismissed on 2.6.1993 by observing, thus:

(3.) Smt. Bhagwanti Devi died during the pendency of the writ petition and by virtue of registered 'Will' dated 7.8.1990 left by her, complainants were substituted as her legal representatives in the writ petition. Complainants applied to the Housing Board for transfer of the flat in their favour. Housing Board did not transfer the flat and asked the complainants to get the 'Will' probated. Complainants filed civil suit which was decreed on 26.5.2004 after remand by the appellate authority. On production of the Civil Court order, Housing Board issued the letter of allotment in the name of the complainants on 22.5.2005. Complainants were asked to pay a sum of Rs. 5,33,871 towards balance consideration including the interest @ 16.5% p.a. Complainants paid the amount and, thereafter, filed the complaint. Complainants allege that they have been made to pay Rs. 7,90,000 for the flat which was sold to other allottees for Rs. 4,33,000. They also claimed interest on the deposited amount of Rs. 2,70,000 which remained with the Housing Board for about 10 years.