KEWAL KRISHAN PURI Vs. HOUSING BOARD HARYANA

JUDGEMENT

(1.) The complainant/petitioner was allotted a MIG house no. 2148, Ground Floor, in Housing Board Colony, Sector-6, Karnal for a total sum of Rs. 1,47,781.30/-, comprising Rs. 1,44,900/- towards cost of litigation and Rs. 2881.30/- towards the cost of the land. The complainant made a lump sum payment of Rs. 12,550/- alongwith the application and the balance amount was payable by him in instalment of Rs. 1,830/- per month spread over eight years. The complainant paid some instalments in time, but thereafter he did not pay the said instalments on a regular basis. As a result, the respondents/opposite parties charged interest from the petitioner/complainant. The grievance of the petitioner/complainant is that the respondents/opposite parties charged compound interest from him though there was no agreement between the parties for charging compound interest. This is also the case of the petitioner/complainant that in terms of the decision of Punjab and Haryana High Court in Civil Writ Petition No. 7706 of 2007, Ram Prakash Sharma and Ors. Vs. State of Haryana & Ors., decided on 30.09.2008, the respondent was not entitled to charge compound interest. Being aggrieved from the act of the opposite parties in charging the compound interest, the complainant/petitioner approached the concerned District Forum by way of a complaint.

(2.) Vide its order dated 22.08.2008, the District Forum allowed the complaint and directed the respondents to overhaul the accounts of the complainant by calculating simple interest at the agreed rate as per the allotment letter and refund the balance amount charged from him alongwith interest at the rate of 10% per annum.

(3.) Being aggrieved from the order of the District Forum, the opposite party approached the concerned State Commission by way of an appeal. Vide impugned order dated 23.02.2010, the State Commission allowed the appeal, set aside the order passed by the District Forum and dismissed the complaint. Being aggrieved, the complainant is before us by way of this revision petition.