M.P. HOUSING BOARD Vs. SUBHASH CHANDRA VYAS

JUDGEMENT

(1.) On remand by the Hon'ble Supreme Court, vide order dated 26.04.2013, setting aside the order passed by this Commission on 31.03.2011, this revision petition under section 21(b) of the Consumer Protection Act, 1986 (for short "the Act") has been listed for fresh adjudication.

(2.) Briefly stated, the material facts giving rise to the revision petition are as under:-

(3.) On 28.06.1999, the Madhya Pradesh Housing Board (for short "The Housing Board") issued an advertisement inviting applications for registration for allotment of residential houses under HIG Housing Scheme. The allotment was to be governed by the Rules and Conditions of the Board, existing at that time. The Complainant got registered under the said scheme on 06.09.1999. On 16.05.2001, he was informed that his registration has been accepted under the Scheme and a house bearing No.H-90 had been reserved for him and that the construction of the house was likely to be completed in the month of June 2001. On 23.06.2001, an allotment letter was issued to the Complainant and he was called upon to deposit a sum of Rs. 75,183/- (including best location charges @ 5%) within 30 days before taking the possession. It seems that the Complainant had made a request for charging of lease rent only for a period of three years, instead of eleven years and therefore, vide letter dated 20.12.2001, he was asked to deposit a sum of Rs. 44,156/-, furnish two passport size photographs and a non-judicial paper of Rs. 50/- for execution of agreement etc. The Complainant deposited the said amount of Rs. 44,156/- on 22.01.2002, but did not furnish non-judicial paper and the photographs. These were furnished only on 28.03.2002. On the same very day, the agreement was executed and possession of the house was handed over to him. However, alleging unfair trade practice on the part of the Housing Board, on 18.08.2003, the Complainant filed a complaint under Section 12 of the Act before the District Consumer Disputes Redressal Forum, Indore (for short "the District Forum") inter alia, praying for interest @ 16.5% p.a. on Rs. 8,98,156/- the total amount deposited by him, for the period from December 2001 till 28.03.2001 and refund of a sum of Rs. 11,838/- charged by the Housing Board @ 5% of the price of the house as best location charges.