NCDRC

NCDRC

RP/2849/2007

M.P. HOUSING BOARD - Complainant(s)

Versus

SMT. JYOTSANA GUPTA - Opp.Party(s)

M/S. ANJALI K . VARMA & ASSOCIATES

21 Feb 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2849 OF 2007
 
(Against the Order dated 17/05/2007 in Appeal No. 2641/25006 of the State Commission Madhya Pradesh)
1. M.P. HOUSING BOARD
E. M. ZONE,
E-5, ARERA COLONY
BHOPAL
...........Petitioner(s)
Versus 
1. SMT. JYOTSANA GUPTA
W/O LATE SHRI A. K. GUPTA, R/O JUNIOR M. I. G., 15TH FLOOR, GOMANTIKA PREMISES NORTH T. T. NAGAR,
BHOPAL
( M. P. )
...........Respondent(s)

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

For the Petitioner :
Mrs. Anjali K. Varma, Advocate with
Ms. Meera Mathur, Advocate
For the Respondent :
NEMO

Dated : 21 Feb 2012
ORDER

         Petitioner was opposite party before the District Forum.

          Complainant-respondent applied for a house under self-financing scheme under ‘Gomantika Premises Scheme’, Bhopal  floated by the petitioner-opposite party.

          Respondent filed the complaint with the grievance that despite making payment as per schedule, petitioner failed to hand over the possession of the house for a period of four years.  Possession of incomplete house was finally handed over on 17.7.2004.  The respondent took the possession under protest.  Petitioner paid interest on the deposited amount at the minimum rates whereas the petitioner charged interest @18% on late payment. Respondent filed a complaint seeking high rate of interest on the deposited amount for the delay in handing over the possession of the house.

          District Forum allowed the complaint and directed the petitioner to pay interest @15% on the deposited amount of Rs. 3 lakh to the respondent after deducting the interest already paid to the complainant.

          Petitioner being aggrieved filed an appeal before the State Commission, which has been dismissed by the impugned order.

          Revision petition was admitted limited to the question regarding rate of interest awarded by the State Commission.  In the meantime, the petitioner was directed to pay interest @12% and the payment of interest over and above 12% was stayed. 

          Learned counsel for the petitioner states that interest @12% as per direction issued on 5.9.2007 has most probably been paid to the respondent.  Respondent is not present despite service.  Proceeded ex parte.

          After hearing learned counsel for the petitioner, we are of the opinion that interest @15% awarded by the fora below is on the higher side.  The same is reduced to 9%.  However, if the petitioner has already paid the interest @12%, then the interest already paid over and above 9% shall not be recovered.

          The revision petition is disposed of accordingly.

 

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

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