CHATTISGARH HOUSING BOARD Vs. DEVIPRASAD DEVANGAN

JUDGEMENT

(1.) THE complainant/respondent booked a flat with the petitioner -board in its self -financing scheme. The cost of the aforesaid flat, inclusive of taxes was fixed at Rs.6,13,919/ - and was paid by the complainant on 30 -04 -2009. However, possession was not offered to the complainant immediately after the aforesaid payment. Vide possession letter dated 22 -04 -2010 the petitioner -board offered possession of a house No.299 in Kabir Nagar, Raipur to the complainant. The complainant who is present in the court states that the aforesaid letter dated 22 -04 -2010 was received by him on the same date but the construction of the house was not complete at that time. The complainant then made an endorsement dated 11 -08 -2011 on the aforesaid possession letter, recording thereon that till 11 -08 -2011 the house was incomplete and, therefore, he was not in a position to take its possession. The possession letter was signed by an officer of the petitioner -board on 11 -08 -2011, in token of having received the same. Since the construction of the above -referred house was not complete, the complainant approached the concerned District Forum seeking the following reliefs:

(2.) THE complaint was resisted by the petitioner -board on the ground that the complainant did not take possession of the house within 15 days of the letter dated 22 -04 -2010, as was stipulated in the said letter. It was further stated in the reply that minor defects, if any, could have been rectified after the complainant had already taken possession.

(3.) THE District Forum vide its order dated 13 -08 -2012 directed the petitioner -board to give possession of the aforesaid flat to the complainant along with Rs.1,50,000/ - towards estimated cost of repair. The petitioner -board was also directed to pay Rs.5,000/ - per month towards rent from 22 -04 -2010 till actual possession. Interest at the rate of 6% per annum on the amount of Rs.6,13,919/ - paid by the complainant to the petitioner -board was also awarded, besides Rs.10,000/ - as compensation and Rs.1,000/ - as cost of litigation.