BIHAR STATE HOUSING BOARD Vs. BINAY KRISHNA

JUDGEMENT

(1.) This appeal is directed against the order dated 6/7/1995 of Consumer Disputes Redressal Commission, Bihar, Patna allowing complaint and directing the appellant/opposite party to pay interest @ 18% p.a. on the deposited amounts from dates of deposit till possession of plot is given and to pay Rs. 30,000.00 by way of compensation towards mental agony to the respondent/complainant.

(2.) It was alleged that respondent in 1972 on coming to know through newspapers the offer made by appellant for allotment of plots/houses, got himself registered with appellant Board by paying amount of Rs. 50/- on 12/12/1972. In 1978, the Board again published advertisement for sale of 3477 plots to the persons under higher, middle and lower income groups specifying the area of plots under each group and the persons who were registered earlier, were also permitted to file applications along with earnest money of Rs. 5,000.00. Respondent deposited Rs. 5,000.00 on 26.10.1978 along with application for a developed plot having an area of 3600 sq. ft. in HIG category. Respondent received a letter dated 19.7.1991 from the appellant Board intimating that he had been allotted plot No. 5H/38inHIGcategoryinthedrawoflots held on 18.7.1991. Respondent received yet another letter dated 4.9.1991 from the Board informing that he had been allotted plot No. 5H/38 at Digha, Patna having an area of 1825 sq. ft. and he was required to deposit Rs. 35,530/- in respect thereof. Possession of plot was to be delivered after completion of necessaryformalities. Respondent deposited Rs. 35,530/- on 28.10.1991. It was further alleged that even after waiting for so many years and depositing the said amounts, he has not been given the possession of allotted plot. Alleging deficiency in service, respondent filed complaint seeking certain reliefs which was resisted by the appellant Board. It was alleged that because of large number of applicants under different categories the Board was unable to accommodate all of them by providing land of the area as per advertisement and it, therefore, decided to reduce the area of land to be allotted under each income group. It was further stated that possession of plot could not be given to the respondent due to physical resistance offered by local miscreants for which a writ petition bearing No. CWJC 3991/87 is pending before Patna High Court. Since matter is sub-judice the complaint is not maintainable.

(3.) Submission advanced by Mr. Shravan Kumar for appellant was that respondent was allotted plot No. 5H/38 at Digha pursuant to the orders passed in Writ Petition No. 3991/87 and as that writ petition is still pending the complaint was not maintainable. It was further urged that respondent under Regulation 45 is not entitled to interest beyond 5% p.a. nor he could have been awarded compensation by the State Commission. On rate of interest he drew our attention to the order dated 17.2.1999 passed by the Supreme Court in Civil Appeal Nos. 1566-67/97 - Bihar State Housing Board and Others v. Vijay Sharan and Others. It was pointed out that pursuant to the order dated 8.2.1996, total amount of Rs. 63,277.00 was paid by the Board to the respondent. During the course of arguments the respondent stated that he is now not interested in possession of plot. Respondent who was allotted plot in 1991 cannot wait endlessly and be deprived of the refund of money deposited by him with the Board. Regulation 45 of the Bihar State Housing Board postulates payment of interest only @ 5% on the deposited money. Also in view of said order dated 17/2/1999 the respondent is entitled to interest @ 5% instead of 18% p.a. as awarded by the State Commission. Order for payment of Rs. 30,000.00 by way of compensation as made by the State Commission needs to be not disturbed for the obvious reason that all these years the respondent had been hoping to get possession of plot but without any success. Thus, while disposing of appeal, the appellant Board is directed to refund the deposited amounts with interest @ 5% p.a. from dates of deposit till realisation and amounts of compensation and cost as awarded by the State Commission. Of course, while making that payment the Board will be entitled to deduct amount of Rs. 63,277.00 allegedly paid to the respondent. No order as to cost. Appeal disposed of.