CHITRA SHARMA Vs. M P HOUSING BOARD

JUDGEMENT

(1.) Notice sent by registered post on 30.8.2005 to the respondent has not been received back un-served. Since 30 days time from the date of issue of notice has elapsed the respondent Board will be deemed to have been served with notice.

(2.) Petitioner was the complainant. She applied for allotment of a MIG flat in Gomantika Scheme under 'Self Finance Scheme' and she deposited from time to time a total sum of Rs. 4,35,000 with the respondent/opposite party. Possession of flat was to be given by June, 2001. Flat was however ready for delivery only in April, 2004. Respondent also demanded escalated amount of Rs. 7,62,482 as against amount of Rs. 6,60,000 from petitioner. Since petitioner was not interested in allotment of flat at that stage she moved the respondent for refund of the deposited amount. On deposited amount being not refunded, she filed complaint which was contested by the respondent. District Forum allowed the complaint with direction to the respondent to refund the said amount of Rs. 4,35,000 with interest @ 12% p.a. w.e.f. 12.5.2001, the date on which last instalment was paid. Dissatisfied with this order the petitioner filed appeal which was registered as No. 266/2005 while filed by the respondent as No. 570/2005. Both these appeals were dismissed by the order under challenge. As may be seen from the order of State Commission the ground in appeal taken by the petitioner was that she is entitled to interest not from the date last deposit but from the dates the amounts were deposited. I am in agreement with Mr. Chouksey that petitioner should have been allowed interest from the dates of deposits of the amount for which refund order was made and not from 12.5.2001 on which date last payment was made. Order passed by Fora below, thus, cannot be legally sustained on that count.

(3.) Accordingly, while allowing revision aforesaid orders passed by Fora below are modified only to the extent that petitioner is entitled to interest from the dates of deposits. No order as to cost. Revision allowed.