RAJASTHAN HOUSING BOARD Vs. SATISH GUPTA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 16.7.1996 by the Consumer Disputes Redressal Commission, Rajasthan in Complaint Case No. 3 of 1994 directing the appellant - Rajasthan Housing Board to pay interest on the amount of Rs. 2,13,596 @ 16% p.a. from 15.3.2002 to 3.12.1993; to refund Rs. 2,047.95 and cost of Rs 1,000.

(2.) The respondent-complainant was registered under the "Kalpataru" scheme by depositing a sum of Rs. 10,000 on 30.12.1989. On the same day the respondent deposited a further sum of Rs. 20,000 for registering himself under "Parijat Self Financing Scheme". A reservation letter was issued to the respondent on 15.3.1990 reserving a house in the aforesaid scheme in Sanganer Colony, Jaipur. The respondent was to deposit estimated cost of the house in 4 instalments from 15.4.1990 to 15.9.1991, which were deposited by the respondent. Allotment letter was issued on 12.2.1993 alloting him house No. 86/122 in Sanganer Scheme, Jaipur requiring the complainant to deposit the balance amount of Rs. 62,813 which was deposited on 30.3.1993 and a further sum of Rs. 10,235 was yet to be deposited as it was disclosed that there had been some clerical mistake in calculating the amount. The possession was given on 3.12.1993.

(3.) The grievance of the appellant is that interest over and above 6% could not have been awarded in view of the terms of the contract and 15% was charged by the Housing Board as the Housing Board was supposed to secure finance from HUDCO.