CHANDIGARH HOUSING BOARD Vs. AMARJIT KAUR

JUDGEMENT

(1.) -THIS appeal has been directed by the opposite party against order dated 18. 10. 2007 passed by Consumer Disputes Redressal Forum-I, Union Territory, Chandigarh (hereinafter to be referred as District Consumer Forum), vide which complaint of respondent (complainant) was accepted and appellant was directed to recalculate the balance amount due against respondent within two months from the date of order by charging interest @ 16. 5% p. a. as per Clause 22 as applicable to the scheme framed by them and demand the same from respondent and on payment of which, if found correct, 'no due certificate' had to be issued. It was further ordered to pay Rs. 10,000 on account of mental and physical harassment and also costs of litigation.

(2.) BRIEFLY stated the facts are that respondent (complainant) Ms. Amarjit Kaur was allotted dwelling unit No. 5141/3, Category-HIG-I at modern complex, Manimajra, Chandigarh vide registration No. 14016. The respondent through her general power of attorney wrote to the appellant informing her about the total amount payable and in response to which appellant informed vide letter Annexure C-2 dated 16. 4. 2004 that amount of Rs. 8,29,472 including ground rent was due from her upto 31. 5. 2004 after adjusting the amount already paid subject to any rectification or discrepancy.

(3.) IT was next averred that legal notice was served upon appellant in which it was pointed out that respondent had already paid Rs. 8,56,171 till date against total amount of Rs. 9,96,000 and only Rs. 1,37,829 were payable and further it was made clear that she was not liable to pay interest on the delayed payment if there was any delay done by the appellant in carrying out necessary correction in the demanded amount.