LAWS(NCD)-2024-7-12

BIHAR STATE HOUSING BOARD Vs. BEDAMO DEVI

Decided On July 12, 2024
BIHAR STATE HOUSING BOARD Appellant
V/S
Bedamo Devi Respondents

JUDGEMENT

(1.) This Revision Petition No.167 of 2018 challenges the order of the Bihar State Consumer Disputes Redressal Commission, Patna ('State Commission') dtd. 18/7/2016. Vide this order, the State Commission dismissed Appeal No. 446 of 2012 and affirmed the order of the District Consumer Disputes Redressal Forum, Arrah ('District Forum') dtd. 5/7/2012 wherein the District Forum directed OPs to receive Rs. 98,482.00 from the Respondent/ Complaint and execute the lease deed.

(2.) As per report of the Registry, there is a delay of 75 days in filing the present Revision Petition. For the reasons stated in IA/1044/2018, the delay is condoned.

(3.) Brief facts of the case, are that the complainant was allotted a house by the Board on 12/11/1983 for a tentative price of Rs. 39,500.00 after depositing Rs. 5,850.00 as earnest money an Agreement was executed on 23/7/1986 requiring her to pay equal instalments of Rs. 408.00 per month. The agreement also stated that, if there was an enhancement due to Land Acquisition or Development, the final cost would be recalculated, and the allottee shall pay the additional amount. She paid regular instalments until March 1989, then stopped. After a lapse of 10 years, in March 1999, she deposited Rs. 36,312.00. The Board calculated the final cost of the house, including interest, to be Rs. 1,04,228.00 and informed the complainant vide letter dtd. 12/7/1999 to deposit by 31/8/1999. By 28/2/2010, the amount due had increased to Rs. 3,46,762.00. Instead of paying the demanded amount, the complainant filed a complaint before the District Forum.