Bihar State Housing Board was the opposite party before the District Forum.

On the basis of an advertisement issued by the petitioner, respondent/complainant applied for allotment of flat and later on was allotted flat No.6 SFC-1/39 on 27.6.1989.  In compliance to the letter of allotment, respondent deposited a sum of Rs.30,000/- on 27.6.1989, Rs.25,000/- on 20.1.1990 and Rs.25,000/- on 3.7.1990 as first, second and third installments.  Respondent/complainant was to get the possession of the flat in two years but she did not get it till 1995.  She learnt later on that the petitioner had issued letter No.480 dated 1.3.1990 to get the possession which she never received.  Respondent wrote a letter to the petitioner on 7.9.1995 to hand over the possession of the flat.  Agreement was entered into between the parties on 30.12.1998 but possession was not given.  On 18.3.1999, petitioner sent a letter to the respondent/complainant to deposit Rs.43,507/- as final payment.  On 28.2.2002, respondent requested the petitioner to add interest on the payments made by her and to hand over the possession of the flat.  Since nothing was done, respondent filed a complaint before the District Forum.

District Forum directed the petitioner to pay a sum of Rs.90,000/- with interest at the rate of 9% calculated from the date of receipt till the payment of the passing the order and Rs.2000/- was awarded as costs.

Petitioner filed an appeal before the State Commission. State Commission while dismissing the appeal of the petitioner, enhanced the amount of Rs.1 lakh at the rate of 9% without any cross appeal filed by the respondent/complainant. 

Limited notice was issued to the respondent for today regarding enhancement of compensation to Rs.1 lakh and interest at the rate of 18%.  Costs were increased from Rs.2000/- to Rs.7000/-. Respondent has been served with notice and Shri Praduman Kr.Agarwal has put in appearance with states that the respondent has not filed any cross appeal.

In our considered view in the absence of appeal filed by the appellant, the State Commission could not enhance the amount of compensation to Rs.1 lakh and increased the interest at the rate of 18%. This  could have been done only if the respondent had raised the grievance to that effect by filing  the appeal.  Accordingly, the order passed by the State Commission enhancing the amount to Rs.1 lakh with interest at the rate of 18% and also litigation costs Rs.2000/- to Rs.7000/- is set aside.  The order of the District Forum is restored. 

Revision petition is disposed of in above terms.  There shall be no order as to costs.