RAJASTHAN HOUSING BOARD Vs. NARENDRA KUMAR BAIRWAL

JUDGEMENT

(1.) The complainant/respondent was allotted a residential flat in an auction held by the petitioner. Vide allotment letter dated 04.10.2013, he was asked to pay a sum of Rs.45,05,122/- within 30 days. There was a mistake in the aforesaid letter since the flat was described as commercial land. The petitioner therefore, issued a revised allotment letter dated 14.10.2013, requiring the complainant to deposit the balance amount of Rs.45,05,122/- within 30 days. It was further stated in the said letter that if the complainant failed to deposit the above mentioned amount within the fixed time period, it could be deposited with the prior permission of the Chairman of the Board after following the prescribed procedure. On getting the permission, the complainant was required to pay interest @ 15% per annum and penalty of 5%. Only thereafter, the auction was to be regularized.

(2.) The complainant, vide letter dated 07.11.2013, sought extension of time to deposit the aforesaid amount. The said extension however, was granted only on 06.01.2014, granting him time till 30.01.2014 to make the payment. The complainant deposited the said amount. He was asked to deposit the interest amount and penalty amount alongwith service charges of Rs.45,052/-. Being aggrieved, the complainant approached the concerned District Forum by way of a consumer complaint.

(3.) The complaint was resisted by the petitioner primarily on the ground that the complainant having delayed the payment of the balance amount, he was liable to pay the interest, penalty as well as the processing fee/service charges.