RAJINDER KAUR Vs. CHANDIGARH HOUSING BOARD

JUDGEMENT

(1.) In this appeal filed against order dated 4.2.2004 passed by District Consumer Disputes Redressal Forum-II, U. T. Chandigarh [for short hereinafter referred to as the District Forum] in Complaint Case No.37 of 2002, Smt. Rajinder Kaur through G. P. A. Sh. Waryam Singh V/s. Chandigarh Housing Board and Another, none appeared on behalf of the appellant at the time of hearing of arguments. Mr. Pardeep Bedi, Advocate along with Mr. Pawan Kumar, Advocate appeared on behalf of respondent-Chandigarh Housing Board through its Chairman.

(2.) The appeal as also the complaint was filed by Smt. Rajinder Kaur through Shri Waryam Singh, General Power of Attorney holder and resident of House No.5738-A, Sector 38, West, Chandigarh. The appellant/complainant applied for allotment of a flat under HIG Lower Housing Scheme for 216 flats, floated by the respondent-Chandigarh Housing Boad/o. P. No.1. The said scheme opened on 3.7.1996 and closed on 2.8.1996. The complainant deposited a sum of Rs.40,000/- in the shape of draft as earnest money. In the draw of lots held in the month of January 1997, the appellant/complainant was successful and the respondent issued to her acceptance-cum-demand letter in the same month, which detailed the payment to be made as per the schedule given therein and which has been quoted in para 1 of the impugned order.

(3.) It is alleged that the complainant made payment of Rs.4,40,000/- and the remaining amount of 70% was to be paid after the total costs of flat was settled by the Chandigarh Housing Board and possession of the said flat was handed over as per Clause (v) of the aforesaid acceptance-cum-demand letter. Clause (v) provided that at the time of handing over of physical possession, Rs.70% of the chargeable price minus amount already paid was to be paid. In Clause (vi), the balance i. e. , 30% of the chargeable price was to be paid in 60 equated monthly instalments with interest or in lumpsum without interest within 30 days from the date of issue of allotment letter. Clause (i) shows that amount to be paid within 30 days of the date of issue of acceptance-cum-demand letter was Rs.1,00,000/-. The date of issue of letter is 28.7.1997. Clause (ii) provides that 1st instalment of Rs.1,50,000/- was to be paid within six months from the date of issue of acceptance-cum-demand letter i. e. , by 10th of August, 1997. Clause (iii) provides that second instalment of Rs.1,50,000/- was to be given within 12 months from the date of issue of the said letter i. e. , by 10th February, 1998 and lastly Clause (iv) provides for payment of the third instalment of Rs.1,50,000/- to be made within 18 months for the date of issue of the aforesaid letter i. e. , by 10th July, 1998.