MADHYA PRADESH HOUSING BOARD Vs. ALOK MITTAL

JUDGEMENT

(1.) -PETITIONER, Madhya Pradesh Housing Board, was the opposite party before the District Forum, where the respondent/complainant had filed a complaint alleging deficiency in service on the part of the petitioner.

(2.) UNDISPUTED facts of the case are that the complainant was allotted a flat on 27. 7. 1999 under 'hire-Purchase' Agreement. As per the allotment letter, the petitioner was to deposit Rs. 2,17,144 before occupying the house and the balance amount of Rs. 6,37,500 was payable in equated instalments with interest mentioned therein.

(3.) THERE is no dispute that the requisite demanded amount, entitling the complainant for getting the possession was deposited on 22. 10. 1999, whereas the possession was given only on 31. 1. 2000. It was the case of the complainant that there was defects in the house and it was made liveable only on 22. 4. 2000, therefore, the petitioner is not entitled to interest for the period from the date of depositing amount upto the period when the house was made liveable. It was in these circumstances, a complaint was filed before the District Forum, who allowed the complaint and directed the petitioner to refund the interest for the period from 22. 10. 1999 to 31. 1. 2000, i. e. the date on which the possession was taken. Aggrieved by this order, an Appeal was filed before the State Commission, which was dismissed hence this revision petition.