Petitioner was the complainant before the District Forum.

          Petitioner was allotted Plot No.Janta/776 in Slice No.1 of Hirapur Tatiband Colony on hire-purchase basis.  He took loan of Rs.5,000/- from the respondent in order to construct the house on the said plot.  He constructed the house as per the approved map and fulfilled all the terms and conditions.  Petitioner further alleges that he has repaid the loan amount for the land and the house with interest to the respondent but in spite of that the respondent has not executed the sale deed in his favour.  Thus, a complaint was filed before the District Forum.

          District Forum allowed the complaint and directed the respondent to register the sale deed of Plot No.776 in Slice No.1 in favour of the petitioner within 2 months with costs of Rs.1,000/-.

          Aggrieved by this, the respondent Housing Board filed an appeal before the State Commission.  State Commission, on perusal of the record and particularly the agreement filed by the respondents held that the petitioner had failed to prove by producing any documentary evidence regarding repayment of the entire loan amount.  That there was no deficiency on the part of the respondent.  Para-7 of the order of the State Commission reads as under :

“On perusal of the record of the case and particularly the agreements filed by the appellants we are convinced that the respondent has not produced any document to prove his contention regarding repayment of the entire loan amount.  There appears to be no deficiency on the part of the appellant.”

Aggrieved by the order passed by the State Commission, present Revision Petition has been filed.  Counsel for the respondent, after taking instructions, states that the petitioner had taken two loans and as on 31.3.2009, Rs.36,935/- are due towards first loan and Rs.77,550/- towards the second loan.  That the possession has already been given to the petitioner and the petitioner is liable to pay a total sum of Rs.1,14,485/- and on the payment of the aforesaid amount with interest till date, the sale deed shall be executed in favour of the petitioner. 

Learned counsel appearing for the petitioner, after taking instructions from the petitioner, who is present in Court, states that the petitioner is prepared to pay the aforesaid amount provided he is given reasonable time to pay the same.  He prays that at least 6 months time be given to the petitioner to pay the amount. 

Keeping in view the facts and circumstances of the case, we direct the petitioner to pay the sum of Rs.1,14,485/- along with interest at the rate of 9% per annum from 1.4.2009 till the date of payment.  Petitioner is permitted to pay the aforesaid amount in six equated monthly instalments starting from 1.12.2009 till 31.5.2010 along with interest at the rate of 9% per annum on a regressive basis, i.e., quantum of interest shall go down against the monthly instalments paid.  In case, the petitioner does not pay the amount in the equated instalments as per directions given in this order, then the order of the State Commission shall get revived and the Revision Petition shall be deemed to have been dismissed.  In case, he petitioner deposits the amount as aforesaid, then the respondent shall execute the sale deed in favour of the petitioner within 30 days of the payment of the last instalment.

Revision Petition stands disposed of in above terms with no order as to costs.