Heard learned counsel for petitioners. Respondent, filing reply to revision petition stated therein that her reply be accepted as her appearance on date of hearing. Respondent who was aspirant for allotment of HIG Flat, made deposits of Rs. 5,150/- with petitioner – Housing Board during period 12.04.1965 to 22.05.1980. Since no allotment of flat could be made by petitioner – Housing Board even after lapse of considerable period, she sought refund of deposit, along-with compensation. Though petitioner – Housing Board was willing to refund deposit, they were also keen to make deductions from deposit. This made respondent aggrieved to file consumer complaint with District Forum. Though written statement was filed, it seems that petitioner – Housing Board did not participate in conclusive hearing. Be that as it may, District Forum, on consideration of pleadings of parties, while accepting complaint, directed petitioner Housing Board to refund Rs. 5,150/- along-with interest @ 10% p.a. to respondent. Aforesaid finding was affirmed also in appeal by State Commission. From pleadings of parties, and also averments made in revision, it appears that though petitioner – Housing Board had been pleading allotment of Flat No. 10-H/179 at Digha, Patna, lower fora did not find clinching evidence about allotment of flat in question to respondent. That apart, even if allotment of flat in question is assumed as is the case of petitioner – Board, it is admitted even by them that allotment of flat No. 10-H/179 did not materialize for land in question being under encroachment of unauthorized persons and for which a PIL petition was before Hon’ble High Court in which direction for removal of unauthorized encroachment was also issued. When revision petition came for hearing before this Commission, it was admitted for final hearing, limited to award of interest only. Now it is sought to be urged on behalf of petitioner – Housing Board that in view of Regulation No. 45 of Board’s Resolution held on 22.09.2003, allottees were eligible for 5% interest only on their deposits and learned counsel for petitioner would refer to a decision of Hon’ble Apex court in matter of Bihar State Housing Board Vs. Arun Dakshy – (2005) 7 SCC 103. In the case cited, award of interest @ 18% made by consumer fora was struck down by Hon’ble Apex court in view of Regulation 45 of Bihar State Housing Regulations. However, this fact cannot be lost sight of that while aforesaid Regulation became operative only since 1983, application of which in absence of any stipulations made therein cannot be presumed to be retrospective. Initial deposit as has been noticed was made by respondent in year 1965 followed by further deposit in year 1980 when aforesaid Regulation was not in vogue. There is yet other aspect of issue. Since Housing Board put on hold the matter of allotment of flat in question, in favour of respondent for more than 20 years, respondent was very much eligible for award of interest at the rate which could neutralize the miseries and sufferings meted out to her for such a longer period. In this view of matter also, we find no good reason to disturb the concurrent finding of fora below and revision petition in the circumstances is dismissed, with no order as to cost.
......................JB.N.P. SINGHPRESIDING MEMBER ......................S.K. NAIKMEMBER | |