HOUSING BOARD HARYANA Vs. KRISHAN KUMAR GUPTA

JUDGEMENT

(1.) Shri Krishan Kumar Gupta a resident of Chandigarh was successful in the draw of lots in respect of flats at Gurgaon under Self-financing Scheme. As a consequence Flat No.1640-P, Type-I, Sector 10, Gurgaon was allotted to him and possession delivered on4.12.1992. It remained in possession of the allottee for 15 months and thereafter he made up his mind to surrender it. Out of the total price paid by him which was Rs.2,78,747/-, a sum of Rs.11,700/- was deducted by the appellant. The Consumer Disputes Redressal Forum, Union Territory, Chandigarh ordered that only a sum of Rs.9,750/- should have been deducted and the sum of Rs.1,950/- equal to three months rent was in excess and ordered that it be refunded to the complainant. Aggrieved against it the present appeal has been preferred.

(2.) The learned Counsel for the appellant has drawn our attention to Clause 2 (S) of the Hire Purchase Tenancy Agreement which is reproduced here as well. "in case the hirer wishes to terminate tenancy hereby granted of his own accord before the expiry of hire purchase period the hirer shall give 3 months' notice to the owner for the same and the owner shall recover all the dues as well as losses arising out of such termination by the hirer of this agreement from the hire purchase deposit of the hirer and hirer will be entitled to receive the remainder as determined by the owner only after the hirer is duly handed over the possession of the said property to the owner. The decision of the owner in this respect shall be final and binding. "

(3.) The clause referred to above entitled the Housing Board to deduct or recover rent for a period of three months. Admittedly the rent in this case was Rs.650/- per month and thus the sum of Rs.1,950/-. was recoverable by the appellant as the allottee surrendered the flat after keeping it for about 15 months. A perusal of the record shows that even in para No.7 of the reply the plea pertaining to Clause 2 (S) which entitled the Housing Board to deduct the rent was specifically taken. May be that this particular plea escaped notice of the District Forum. The conclusion is that the appeal succeeds and the impugned order refunding a sum of Rs.1,950/- with interest is hereby set-aside.