Executive Engineer Housing Board, Andhra Pradesh, which was opposite party before the District Forum, has filed the present revision petition.

          Case of the complainant/respondent was that he was allotted LIG Quarter No.38/7 and had taken possession of the same on 30.6.1992.  The tentative price of the said quarter was fixed at Rs.43,000/-.  Respondent paid 30% of the cost as per terms of the

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allotment.  According to the petitioner, the respondent paid only four installments and committed default in making the payment, as a result of which the allotment was cancelled.  The petitioner passed an order of eviction and imposed penal interest.  Aggrieved against this, respondent filed a complaint before the District Forum.

          Before the District Forum, the respondent admitted that there was still outstanding amount of Rs.9,650/-.  District Forum taking the view that since the respondent himself had admitted that he had yet to pay Rs.9,650/-, dismissed the complaint; that the respondent was admittedly a defaulter.

          Aggrieved by this, respondent filed an appeal before the State Commission.  The State Commission, without elaborately going into the merits and demerits of the appeal, noted that the amount of Rs.9,665/- has been paid by the respondent to the petitioner by way of a Bankers’ Cheque dated 19.1.2002 drawn in favour of the petitioner, meaning thereby that the respondent had paid all the arrears.  State Commission allowed the appeal.  Petitioner being aggrieved filed the present revision petition.

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          Counsel for the respondent had made a submission before us that the petitioner had waived the penal interest as per Notification of Andhra Pradesh Government.  Respondent had given the calculations of the payment which he had made.  Petitioner had also filed the calculation sheet showing the outstanding amount against the respondent which included the penal interest as well.  Counsel for the petitioner was directed to file an affidavit of a responsible officer of Housing Board to indicate as to whether the statement submitted by the petitioner had taken into consideration the recent policy announced with regard to rebate of penal interest by the Housing Board dated 04.7.2008. 

Counsel for the petitioner has not filed the affidavit.  Order dated 14.5.2009 has not been complied with.  Counsel for the petitioner contends that the price of the house was tentative.  Petitioner has not produced any material justifying the increase in the price reflected in the statement. 

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Under the circumstances, we do not find any merit in this revision petition and dismissed the same leaving the parties to bear their own costs.