O R D E R

27.04.2017

S.K.Sinha, President

                    The impugned order dismissing the complaint alleging deficiency in services by no executing the final deed of transfer of the allotted house in question even after making full payment of the price as per the agreement under challenge.

                   The basic facts of allotment, an agreement between the parties vide agreement dated 13.01.2007 (Exhibit-A) is not indispute. The dispute is regarding calculation of the final amount payable by the complainant before the final deed of the transfer could be executed. The complainant at one hand states that he has paid the fixed amount of the installment, on the other hand the respondent (opposite party)  as also file payment statement made by the complainant in respect of the allotted house (Exhibit-B), the housing board has taken stand that since complainant could not pay the installment on due dates as such admissible interest became payable over and above the fixed amount as such after adjusting all the payment, demand notice for payment of Rs. 89,629/- was issued as in additional amount.

                   The controversy between the parties is with respect to the detail calculation of the installments and the interest accrued if the same is not paid on its due dates. It was agreed that in case the installments are paid by 7^th of the concerned month the amount of installment payable was Rs. 381.55/- instead of 440.60/- but complainant filed to pay the installment in due dates

                   In case the complainant has paid the installments and the other require payments on due date the complainant can validly claim for registration of the final transfer deed as per the terms of the agreement at the same time it also authorizes the board to claim for additional amount proportionately towards the development charges.

                   In the above facts and circumstances of the case in our view it would be just and proper that the Managing Director of the respondent housing board to get the admissible amount payable by the complainant inclusively of interest and development charges if any proportionately calculated for the area of the house allotted to the complainant as well as all the payment made by the complainant. Chart showing details of the calculation as above be supplied to the complainant by registered post with acknowledge within a period of four months on receipt/production of a certified copy of the order.

                   In view of the above direction the impugned order is set aside. The appeal stands allowed to the extent of the direction given by us.

Renu Sinha                     ( Upendra Jha )                                   S.K.Sinha 

Member(F)                       Member(M).                                      President

Agam