GUJARAT HOUSING BOARD Vs. DATANIA AMRITLAL FULCHAND

JUDGEMENT

(1.) THIS is an appeal against the order of the State Consumer Disputes Redressal Commission, Gujarat at Ahmedabad dated August 27,1991 by which the complaint filed by the present respondents was partly allowed and the Gujarat Housing Board (for short the Board) was directed to refund to each of the complainant, the excess amount recovered by way of member's contribution together with 15 per cent per annum interest on the said excess amount from the date of payment by the individual complaint till refund by the Board. The Board was also ordered to refix the amount of instalment at Rs. 635/- as was originally fixed by the Board instead of Rs. 745/- re-fixed by the Board and to refund whatever excess amount or the differential amount between Rs. 745/- and Rs. 635/-might have been paid by the individual complainant, together with interest on such differential amount at the rate of 15 per cent annum from the date of respective instalment till refund thereof by the Board. The State Commission also determined the book value of the fait at Rs. 70,000/- for all purposes and each of the complainant was also allowed Rs. 200/- by way of costs. The Board was directed to implement the above order within eight weeks from the date of the order.

(2.) FEELING aggrieved by that order, the Board has come before this Commission by way of this appeal.

(3.) IT appears that the complainants issued a registered notice to the Board stating that as there was a delay in handing over the possession of the flats, they had suffered loss of rent and interest on capital. It was also stated in the notice that the price was orginally fixed at Rs. 70,000/- and the same could not be revised to Rs. 81,600/-. They asked for the refund of the excess price paid. (According to the Board, it has not received any such notice). Thereafter, the complainants have filed the complaint before the State Commission claiming the reliefs.