C G GRIHA NIRMAN MANDAL Vs. VIJAY BAHADUR

JUDGEMENT

(1.) this appeal, under Sec.15 of the Consumer Protection Act, 1986 , is directed against the order dated 21st November, 2000 in Complaint No.243/99 by District Consumer Disputes Redressal Forum, Durg (hereinafter called the 'distt. Forum' for short) directing the appellant to refund to the complainant/respondent, the amount deposited by him with interest @ 12% per annum, and also to pay Rs.7,000/- as compensation for mental harassment as also costs of the complaint.

(2.) Undisputably, the appellant floated a scheme for booking on sale of junior MIG houses. Complainant/respondent applied for being allotted a junior MIG-II house. As per the advertisement price of the house was Rs.1,55,000/-, which was payable as per terms of the said scheme mentioned in the said advertisement issued by the original appellant M. P. Housing Board. The complainant/respondent has undisputably deposited an amount of Rs.1,11,000/- towards the payment of price of the said house. However, it appears that subsequently, the appellant/housing Board enhanced the original price at Rs.2,29,900/-. The appellant/housing Board intimated the complainant, by its letter dated 8.9.1998 that the balance of Rs.1,58,900/- be deposited by 23.9.1998 so that the allotment may be made in his favour. Subsequently, by another letter dated 9.12.1998, the appellant again informed the complainant that the price of the house was fixed at Rs.2,42,723/- and that as the amount of Rs.1,11,000/- has been deposited by the complainant, therefore, the balance of the price i. e. , Rs.1,31,723/- be deposited by the complainant by 22.12.1998 i. e. , after 13 days of the said letter, so that his case may be considered for allotment of the house. It was further intimated that in case the amount was not deposited as per above demand, the registration of the complainant for the house would be cancelled.

(3.) The complainant averred that the enhancement of price as above, demanded from him, was for a huge sum and that, it was not possible for the complainant to deposit the balance amount of Rs.1,31,723/- as demanded by the appellant by its letter dated 9.12.1998. Hence, the complainant requested that amount deposited by him with the appellant be refunded. Since the appellant did not refund the amount to the complainant, he filed the complaint.