LAWS(NCD)-2013-4-100

ANUPAM PANDEY Vs. CHHATTISGARH HOUSING BOARD

Decided On April 29, 2013
Anupam Pandey Appellant
V/S
Chhattisgarh Housing Board Respondents

JUDGEMENT

(1.) THE complainant Anupam Pandey as well as Opposite Party Chhattisgarh Housing Board, Shankar Nagar, Raipur being aggrieved by the impugned order dated 08.11.2011 of the State Commission have preferred the above noted revision petitions.

(2.) BRIEFLY put the facts relevant for disposal of above noted revision petitions are that complainant booked a MIG Deluxe House at Saddu Raipur with Opposite Party under self finance scheme. The complainant was duly informed about allotment of house no. 84 vide opposite party 's letter dated 06.07.2006. As per the allotment letter, price of the house was Rs.9,48,000/ -. The complainant deposited a sum of Rs.1,42,000/ - at the time of registration besides he deposited two instalments of Rs.2,01,000/ - each within time. The balance final instalment of Rs.2,03,000/ - was required to be paid at the time of delivery of possession. Before delivery of possession, the opposite party raised a demand of additional sum of Rs.2,10,000/ - on the premise that final price of the house in question was worked out to be 11,89,000/ -. As per the allegation in the complaint, the complainant was always prepared to pay the last instalment of Rs.2,03,000/ - at the time of delivery of possession and that the demand of the opposite party for escalated cost was not justified. Complainant thus filed a complaint against the opposite party claiming compensation of Rs.4,00,000/ - on account of deficiency in service in failure of the opposite party to deliver possession of the house within reasonable time besides the complainant claimed interest @ 18% p.a. on the amount deposited by him with the opposite party.

(3.) THE District Forum on consideration of the submissions made by the parties and evidence on record partly allowed the complaint and directed the opposite party to pay to the complainant interest @ 6% on the amount paid by the complainant from the date of deposit of registration amount and the subsequent instalments respectively till the date of delivery of possession of house complete in all respects to the complainant. The District Forum also awarded compensation of Rs.5000/ - for mental agony suffered by the complainant besides cost of litigation of Rs.1000/ -