Chandigarh

StateCommission

CC/367/2018

Amandeep Kaur - Complainant(s)

Versus

Chandigarh Housing Board - Opp.Party(s)

Rajesh Gupta & Manjula Gupta, Adv.

25 Jan 2019

ORDER

After hearing arguments of Counsel for both the parties, we are of the opinion that the matter is securely covered by the ratio of judgment passed by this Commission in the case of “Wing Commander (Retd.) Sumer Singh Savant Vs. Chandigarh Housing Board, Consumer Complaint bearing No.196 of 2017, decided on 17.04.2018”. The said judgment has become final.

                   On the last date of hearing, we orally asked the Counsel for the Opposite Parties to make calculation in terms of the judgment, referred to above, to know whether any amount was charged in excess and if so, he should offer that amount for payment in Court. In response to our oral directions given, Counsel for the Opposite Parties has brought a demand draft bearing No.015190 dated 10.01.2019 for an amount of Rs.47,990/-. The said demand draft has been handed over to the Counsel for the complainant against receipt. Photocopy of the aforesaid draft is retained on file. Over and above, the complainant has made a prayer that on the amount now being offered for payment, interest be ordered to be paid to him. After hearing the arguments, we are convinced only to the extent that the complainant is entitled to get interest @9% p.a. on the amount now refunded, calculating it from the date when the complainant was made to pay the excess amount. Let the payment be made within next 30 days.

                   So far as, claim of the complainant to make the payment of amount, which was refunded to him on 05.05.2015, we are not convinced because that amount was returned by the Opposite Parties on their own when some mistake was detected in the brochure.

                   In view of above, this complaint stands disposed of.

                   Certified copies of this order be sent to the parties, free of charge.