NCDRC

NCDRC

RP/573/2007

RAJASTHAN HOUSING BOARD AND ORS. - Complainant(s)

Versus

SHRI JAIPRAKASH JAIN - Opp.Party(s)

BADRIDAS SHARMA

04 May 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 573 OF 2007
 
(Against the Order dated 08/01/2007 in Appeal No. 102/2006 of the State Commission Rajasthan)
1. RAJASTHAN HOUSING BOARD AND ORS.
THROUGH ITS , CHAIRMAN JYOTI , NAGAR
JAIPUR
-
...........Petitioner(s)
Versus 
1. SHRI JAIPRAKASH JAIN
S/O. LALT SHRI KANWAR LAL JAIN R/O. RANG KUTIR NEAR GOL BUILDINGH FIRST , B- ROAD
SARDARPURA
JODHPUR
...........Respondent(s)

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

For the Petitioner :Mr. Narottam Vyas, ADv. for BADRIDAS SHARMA, Advocate
For the Respondent :NEMO

Dated : 04 May 2011
ORDER

Respondent is not present despite service.  Ordered to be proceeded ex parte.

          Briefly stated, the facts of the case are that the petitioner, which was the opposite party before the District Forum, allotted a house No.18-E/377 of MIG-B category in Chopasani to the father of the

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complainant/respondent on 31.05.1994.  Petitioner was required to deposit Rs.2,69,703/- within a period of three months from the date of allotment.  After issuance of the allotment letter, petitioner increased the cost of land allotted to the complainant.  Feeling aggrieved by the action of the petitioner, respondent’s father filed a writ petition before Rajasthan High Court.  High Court passed the following interim order dated 15.09.1994 which was agreed to by the parties:

“Meanwhile in case the petitioner deposits 50% of the value of the land and one installment of one year of the lease money and remaining cost of the house along with the ancillary charges then the possession of the house may be delivered to the petitioner.  The petitioner shall deposit the aforesaid amount within ten days from today and the respondents within one week thereafter shall deliver the possession of the house in question to the petitioner.  The petitioner shall further pay interest on the belated amount if there is any.  In case the writ petition fails then the petitioner shall pay the remaining amount with interest at the rate of 11% per annum.  The petitioner will file an undertaking to this aspect before the Deputy Registrar (Judicial)”

 

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As per this order, the respondent was required to deposit half of the cost of the land, one year lease money and other charges within a period of ten days.  It was ordered that in the event writ petitioner is unsuccessful then the balance amount would be paid with interest at the rate of 11%.  Respondent’s father had paid Rs.1,08,393/- in the year 1994.  Writ petition was dismissed in the year 2004.  Petitioner raised a demand of Rs.3,31,858/-.  Respondent deposited Rs.1,61,310/- on 08.11.2004 being the balance amount.  The possession was not given as according to the petitioner, the respondent was required to deposit Rs.3,31,858/- as interest because there was a delay in depositing the amount.  Aggrieved by this, respondent filed the complaint before the District Forum on the ground that at the most, the petitioner could charge interest at the rate of 11% from him on the balance amount.              

          Petitioner as well as the respondent being aggrieved                            filed separate appeals before the State Commission.  Respondent              in his appeal contended that the District Forum had erred in

 

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directing the respondent to pay interest at the rate of 20%; that the respondent in terms of the order of Rajsthan High Court to pay only 11%. 

State Commission dismissed the appeal filed by the petitioner. 

The appeal filed by the respondent was partly allowed and the petitioner was directed to give possession of the house subject to respondent’s paying interest at the rate of 11% per annum on the balance amount for the period 23.09.1994 to 08.11.2004. 

Respondent has accepted the order.

Petitioner/opposite party has filed the present Revision Petition.

By an interim order dated 08.03.2007 this Commission directed the petitioner to hand over possession of the house in dispute to the respondent subject to respondent’s depositing the amount of Rs.3,31,858/-.  Counsel for the petitioner states that on payment of Rs.3,31,858/- by the respondent to the petitioner, the petitioner has handed over the possession of the house to the respondent.  It seems that since the respondent has already been handed over possession of the house on his paying Rs.3,31,858/-,  he is no longer

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interested in contesting the case.  The order passed by this Commission on 08.03.2007 is made absolute.

Revision Petition stands disposed of in above terms.

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

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