NCDRC

NCDRC

RP/9/2008

BIHAR STATE HOUSING BOARD - Complainant(s)

Versus

CHANDRIKA PRASAD MANDAL - Opp.Party(s)

MR. S. CHANDRA SHEKHAR

16 Apr 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 9 OF 2008
 
(Against the Order dated 09/12/2007 in Appeal No. 184/2002 of the State Commission Bihar)
1. BIHAR STATE HOUSING BOARD
THROUGH ITS MANAGING DIRECTOR,
6, MANGLES ROAD,
PATNA, BIHAR
...........Petitioner(s)
Versus 
1. CHANDRIKA PRASAD MANDAL
SON OF LATE LAXMI PRASAD MANDAL,
RESIDENT OF VILLAGE ORLAHA , P.S BARHAR KOTHI DI
BIHAR
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :MR. S. CHANDRA SHEKHAR
For the Respondent :NEMO

Dated : 16 Apr 2012
ORDER

        Respondent applied for allotment of HIG flat and paid Rs.20,000/-.  Petitioner asked the respondent to furnish a Bond which the respondent did not do.  Later on, the respondent asked for refund of the money deposited by him.  Petitioner did not refund the amount, aggrieved against which, respondent filed the complaint before the District Forum.

        During the pendency of the complaint, petitioner refunded a sum of Rs.16,000/- to the respondent vide cheque dated 10.8.2002 after deducting 20% of the amount deposited in terms of Rule 33(3) of its Regulations.

        District Forum allowed the complaint and directed the petitioner to refund Rs.20,000/- with interest at the rate of 12% with effect from 12.2.1995 i.e. date of filing of the complaint till the date of payment, within 3 months from the date of judgment.  District Forum also awarded Rs.5,000/- as compensation for mental agony and Rs.1,000/- as costs.

        Aggrieved against the order passed by the District Forum, petitioner filed appeal before the State Commission.  State Commission upheld the order of the District Forum except that it reduced the rate of interest from 12% to 10% with effect from 10.8.1989 i.e. from the date of filing of the complaint to 9.8.2002 and at the same rate of interest from 10.8.2002 till the date of payment on the remaining amount of Rs.4,000/-, otherwise interest at the above rate will be payable on the entire earnest money till the date of payment.  The award of compensation was set aside and the award relating to the costs was maintained.

        Petitioner, being aggrieved, has filed the present revision petition.

        Respondent is not present.  Proceeded ex parte.

        Since the petitioner has already refunded the sum of Rs.16,000/- the dispute which remains for consideration before us is regarding Rs.4,000/- only. 

        Since the amount involved is very little, we are not inclined to interfere with the orders passed by the fora below.  Dismissed.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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