Complainant/respondent was successful in the draw of lots for allotment of house. Petitioner handed over possession to the respondent. Respondent paid Rs.3,46,000/- at the time of taking the possession. Later on, petitioner, by letter dated 15.10.1991, raised a demand of an additional sum of Rs.90,000/- besides penalty of Rs.3,171/- for the late payment of the instalments. Aggrieved by this, respondent filed a complaint before the District Forum. District Forum, vide its order dated 14.6.1993, allowed the complaint, aggrieved against which, petitioner filed appeal before the State Commission. State Commission set aside the order of the District Forum and allowed the appeal. It was held that the petitioner is entitled to the recovery of the additional sum of Rs.90,000/- and Rs.3,171/- demanded by it. However, the State Commission declined to grant any interest on the outstanding amount for the duration of the litigation. Petitioner was directed to execute the sale deed in favour of the respondent on receipt of the sum of Rs.93,171/-. State Commission, in its discretion, has declined to award the interest during the pendency of the litigation. The demand was raised by the petitioner after handing over the possession and after receiving the entire amount for the house. This was a discretionary relief which the State Commission has declined to grant in the peculiar facts of the case. The same does not call for any interference. Dismissed.
......................JASHOK BHANPRESIDENT ......................VINEETA RAIMEMBER | |