M P HOUSING BOARD Vs. RADHA MOHAN SHARMA

JUDGEMENT

(1.) THE facts, as gathered from the order of the District Forum, are that the complainant in Revision Petition No.3929 of 2010 namely Radha Mohan Sharma was allotted a house by the petitioner Board for a total consideration of Rs.56,390/ -. He deposited Rs.1,000/ - on 25 -05 -1988, Rs.4,000/ - on 03 -04 -1989, Rs.6,602/ - on 02 -11 -1992, Rs.6,602/ - on 01 -12 -1994, Rs.5,490/ - on 06 -03 -1997, interest of Rs.3,177/ - calculated up to the year 1996 and Rs.30,000/ - on 26 -04 -2000. The possession of the house, however, had been taken by him on 20 -11 -1995. Since the installments were not paid by him as per agreement with the petitioner Board, proceedings under Section 55 of M.P. Housing Board Act were initiated against the complainant and pursuant to the said proceedings the possession of the house was also resumed by the petitioner Board on 18 -01 -2009. The amount of Rs.73,871/ - which the complainant had deposited with the petitioner Board was not refunded to him. Being aggrieved he approached the concerned District Forum seeking refund of the aforesaid amount with interest.

(2.) THE complainant in Revision Petition No.3931 of 2010 namely Shri Mahendra Pal Singh was allotted a house by the petitioner board for a total consideration of Rs.2,01,219/ - out of which a sum of Rs.50,736/ - was deposited by him and the balance amount was payable in installments spread over 15 years. The aforesaid balance amount was payable in installments of Rs.26,361/ - inclusive of interest and other charges. Though as per the allotment letter penal interest was payable in case installments were not deposited on due dates, it carried no stipulation that in the event of possession being taken by the board on account of non -payment of the installments the amount paid by the allottee till the date possession was taken over shall not be refunded to him.

(3.) THE District Forum vide its order dated 06 -05 -2010 in case of Mahendra Pal Singh directed the petitioner Board to refund the amount of Rs.50,736/ - which he had deposited with the petitioner Board, along with interest on that amount at the rate of 9% per annum from the date the possession of the house was taken by the Board till the date of payment. Vide another order passed on the same date, the District Forum directed the petitioner Board to refund a sum of Rs.73,871/ - to the other complainant Shri Radha Mohan Sharma along with interest at the rate of 9% per annum with effect from the date on which the possession of his house was taken back.