On study of the entire complaint as filed by the complainant in this case, it is found that complainant applied for one flat of the ops Housing Project as per terms and conditions of the Brochure and paid entire money of the flat and for parking space from time to time and the value of the flat was fixed Rs.7,66,000/- and parking space of Rs.75,000/- and as per said agreement op assured to handover the flat and also car parking space at the end of 2008 and the op Board collected the entire amount before December, 2008 and delivered the flat actually on 17.06.2011 that is after lapse of 30 months and as per agreement the complainant is entitled to get interest from Board for that 30 months as per their terms and sale agreement and Brochure published inviting application.

          It is also submitted that op vide their letter on 02.07.2010 admitted the fact that they were unable to handover the flats in question within time and complainants several times claimed interest from the Board for the said 30 months but op refused to pay the same and that is deficiency of service as per said valid contract for which the complainant has prayed for interest @ 4% p.a. as per terms mentioned in the Brochure and agreement for sale on and from 01.12.2009 till date of delivery of possession on 17.06.2011.

          On the other hand the op Housing Board by filing written statement submitted that the Board is guided by West Bengal Housing Act 1972 and practically op is not promoter of present development construction and selling of various multi-storied buildings.  But in fact this op vide his letter dated 02.07.2010 being No.2618/AHC-1/HB 2789/AHC-1/HB dated 02.07.2010 intimated the complainant about the delay in completion of the project and op also exempted the penalty for delayed payment that is the said payment and sought for option from the purchaser regarding retention or refusal of allotment in that situation and moreover in its good gesture intended purchasers were also allowed savings bank interest in case of refusal by the purchaser or like to withdraw his candidature of allotment due to such delay. But op intended to dispose of the above dwelling units at a fixed price and without any escalation of price though the deep recession had cropped due to the global economy from the beginning of 2008.  Though, the op sustained a loss of money because of the good gesture shown by the Board by not escalating the price of the flats in proportion to the market rates which were higher than the sale price.  It is therefore evident that the flat owners have already enjoyed a good amount of compensation in the form of much lower purchase rate as an open offer for surrendering the allotment after getting an interest over their deposited money at savings bank interest.  The op denied all other allegations and further submitted that practically complainant before getting possession did not raise any such objection about interest and etc and after getting possession and registration of the deed for sale with ill motive this complaint is filed for which it should be dismissed.

                                              Decision with reasons

          On hearing the argument of the Ld Lawyers of both the parties and also considering the entire claim of the complaint it is found that complainant has prayed for interest after taking possession of the flat on 12.06.2011 and after registration of the deed in their favour by the op.

          Fact remains there is a clause in the said agreement that the possession would be handed over on the end of 2008 and if it would not be possible for the op in that case appropriate compensation @ of savings deposit of State Bank of India would be paid against amount deposited by the allotees if there is delay for handing over the units.  But similarly there is another clause in the said agreement that in spite of good attempt to construct the building in the aforesaid project within the period as intimated by the developers issued earlier in this regard would not be possible to complete for unforeseen circumstances beyond the control of causing delay and default in handing over the building project and handing over flat or all facilities of the said project in that case there is no question of giving any interest.

          Fact remains vide letter 02.07.2010 intimation for delay in handing over common areas and facilities of Eastern side Eastern Group and East-North Project of W.B.H.B. at New Town, Kolkata was given to the complainants informing that delivery of possession has been delayed due to electrical H.T. and L.T. cables and it is not finalized and as a result of which for want of electricity in H.T. area.   There is report published and shown in different media report and said facility is/was precondition of habitation for flat so it was not handed over to them in spite of all intention to do the same and it was also informed that the project would be completed in January-2010 and expected to complete in the 2^nd half of 2010.  Fact remains possession was delivered ultimately on 17.06.2011, as per agreement and the present complainant filed their grievances at first on 5^th July 2011 which is 21^st days from the date of taking possession but not before that.  It simply proves that they had their no grievance when the matter was reported to the complainants and other intended purchasers about the unforeseen causes and circumstances for completion of the building.  No objection was raised by the complainant for any sort of compensation as per term.  But they waited till taking delivery of possession and after taking possession on 17.06.2011 they filed first application on 05.07.2011.  So, intention of the complainant is well proved.

          It is to be mentioned in this regard that vide publication in different media op reported the matter that electrification and installation of HT & LT by the electricity authority had not been completed in the said area at the relevant time for which even after completion of the flat for human habitation it had not been delivered and which is fact because everyone knows in the year 2008 it had been projected that for lack of installation of HT & LT line in Sector – V many project could not be completed and no doubt that was justified cause for non delivery of said flats to the intended purchasers.  Another question is that the op intimated the intended purchasers to submit their grievances for late delivery of the flats for unforeseen causes but complainants never reported their grievances as they well aware of that truth and they were not willing to accept the entire deposit amount from the op.  Considering that fact it is clear that op W.B.H.B. is a losing concerned and practically as per direction of Ministry of Urban Development Housing Board always take such project as social approach for the benefit of the lower income group to sell housing flat at lower rate for giving home to the homeless and and practically it is done by the legislation to allot flat to homeless to lower income group in cities and metro cities and op as Government establishment took such project and sell it at very low price and it is known to all the flats which have been sold by the op at the @ Rs. 8,00,000/- and along with car parking space in the Rajarhat area was sold in very low price/cost in the year 2008 and valuation of such flat was more than Rs30,00,000/- and now it is Rs.60 lakhs to Rs 80 lakhs and no doubt the complainant enjoyed a flat valued at Rs.60 lakhs to Rs.80 lakhs at least, but they got it from the Government establishment only by paying Rs.8,00,000/-. Then no doubt they are benefited in all respect.  Fact remains even after escalation of the market price op did not charge any extra amount but sold it at the fixed rate what was written in the agreement.  Then on the part of the op we have gathered that op never acted illegally and never adopted any unfair trade practice but facing all troubles handed over the flats on 17.06.2011 and reasons for delay was reported again and again and no doubt the cause of delay was only for installation of HT line and LT line in that township area by the Electricity Company.  

          Further considering the entire conduct and the materials on record we find that the rate of the property had gone high after 2008.  Op even after that completed it, the flat for handing over to the intended purchasers at fixed rate as per agreement and the complainant including flat owners are enjoying it.  So, it reflects that the op did not act anything with any malafied intention and they had their no intention to make profit due to escalation of the price of the property by charging any further amount.  At the same time it is proved beyond any manner of doubt that op a Government concern is guided by the W.B.B.H. Act, 1972 and the intention of the act is for implementing some Government project for upliftment of the homeless of the different  city town or metro city town and the present W.B.H.B. (op) is being run by the Government for no profit no loss policy and those projects are jointly constructed in the vested land or possessed land of the Government and after approval of the State Government Housing Board take over the charge of any project for executing any housing scheme and as per provision of Section- 24A of W.B.H.B. Act 1972, Board cannot take any decision without approval of the State Government.  So, in all respect the present op had no independent right to take any decision except the decision taken by the State Government.  Further more considering the letter of the op as intimated to the complainant and also the admitted position of delay of 30 months from the date of actual delivery position of the flat and further considering the possession of the said project at the relevant time and full aspect of the fact that at that time HT line and LT line had not been drawn by the State Electricity Board because Rajarhat Gopalpur Project (Sector-V) Project is still under progress, many roads are not completed and it is under development, under control of HIDCO and Rajarhat Municipality and any prudent and reasonable person if goes to the said area they shall have to see that many buildings have been completed but electricity and roads have not been completed and even after that intended purchasers are booking flats of WBHSB on the ground that W.B.H.S.B. is the only board who is selling flats at very lowest rate till now at such super slyted area and everyone is willing to go to that area and even it is handed over after 4 years and once a flat is enjoyed by any person after purchasing with an amount of Rs.8 lakhs from the op, he can sell it at a cost of Rs.40 to 60 lakhs.  Then it is clear W.B.H.S.B. did not make profit practically market value of these flats had been increased at high rate that flat is in their possession and complainants are owner of the flats with a valuation of Rs.40 to 60 lakhs but even they prayed for interest of 4% and considering that it is found that the complaint as filed is found completely an surmies when due to incomplete work and for not installation of HT and LT line even after completion of the flat same had not been handed over and even after reporting that to flat owners once after another to the complainant including other intended purchasers but they did not raise any objection.  But all grievances were aggravated after getting possession and after registration of the deed and this is approach of the owners of the present flats who are actually benefited in all respect and fact remains the money value of the complainant had been increased to its highest rate and against Rs.8 lakhs now they shall have to get Rs. 40 to 60 lakhs if it is sold.  So invested amount of the complainant has been increased at high rate.

          On proper consideration the entire fact and materials we are convinced to hold that as per agreement op acted faithfully, honestly by sending letters by intimating the intended purchasers about their unforeseen circumstances and those unforeseen circumstances were not with ops control but it was in the real offer of the said area and invariably the op including flat owners realized that for which they waited up to 17.06.2011 till the date of delivery possession.  But good approach of op is that they never charge any escalation charge.  Then what more the op can do for the purchaser of the flat because the present op is not a business man or is not a trader in dealing with really estate business but it is the Government project and as per decision of the Government, the projects are taken up by the op for execution only and all those projects of op is jointly taken as per decision of the Government and as per policy of the Government for the upliftment of the homeless Lower Income Group to get a home within the city or metro city as per Central Urban Development Policy for homeless citizen of India and that policy had been implemented in the year 2006 and in the villages Indira Gandhi Abash Yojona had been implemented that is in the rural areas and house for each citizen is implemented also by the Government with the fund of the Central Government to give home to the poor income group person (LIG) to the city town or metro town and it is one of the projects which was taken by the State Government  and op is exchanging of the same.

          Fact remains that there are so many judgements of Hon’ble Supreme Court or Hon’ble High Court or National Commission or State Commission what we have already gone through that and it is fact due to delay as per condition interest should be awarded.  But it should be awarded in a case where a promoter or developer is the trader for profit and the present op is Government Institution for executing such project of the State Government and in any case Government did not charge any escalation from any intended purchaser on the ground it is a part of social legislation of the Government and Government runs it for the upliftment of the LIG who are homeless and whom the home may be handed over at such price and this is the purpose of that project.  Considering that fact we have gathered that there is no question of granting any compensation or no interest because this present op as an executor of the Government project, is not the beneficiary of the self-profit the entire amount which was collected from the intended purchasers, same are invested as partial for development of the area and huge amount is invested by the Housing Development and Central Government and State Government.  But we are not aware of the different Central Government Project policies and State Government projects policy and in this case it is a State Government project.  As per Central Government Project Home for each citizen in the city town and metro city town, the Government has invested much money for social development of society for up liftment of the homeless and fact remains the present homeless has got a flat within an area which is now Western pattern super styled area (Sector-V) and where a simple one bed room flat is about worth Rs.20 lakhs whereas the complainant has got a flat of two rooms, one dining, one bath room and other facilities in a sophisticated area and if he sold it, he shall get Rs.40 to 60 lakhs.  Can anyone imagine that by investing by Rs. 8 lakhs they got a property worth of Rs.40 to 60 lakhs and it was possible on the ground State Government invested money in such a project and homeless has got that benefit but how such a homeless after getting habitable flat claims interest.

          Considering the present aspect and total story of the complainant we are very of view that this complainant got a home as homeless from the Government project.  But they have their no morality to realize that it would not be possible for them to purchase such LIG flat at a cost of Rs.8 lakhs if the Government shall not have to invest money in that project for social development.  On overall evaluation of the entire fact and circumstances, we are confirmed that the homeless have lost their morality.  Homeless got all benefits from the Government through this executor the op and they were silent till taking possession of the flat.  It indicates that present complainants require further money and interest without considering the fact already that their invested amounts present valuation at least Rs.30 to 40 lakhs which are in their custody because the valuation of the said flat is now Rs.40 to 60 lakhs.  Under any circumstances, in respect of such social project no Forum should allow any interest to any intended purchaser after taking possession of the flats when as per constitutional right homeless is given home at lowest rate then how he can claim any interest without realizing the total history, document of the entire project and Government investment. 

          Considering all the above fact we are convinced to hold that this complainants are not at all consumer at this stage because they have got the flat on the mercy of the Housing Project taken by the State Government executed by the op.  If there is social approach of the homeless that they have got such house at lowest price and they are luckily get it.  Lacs of homeless in the city and metro city are hankering for LIG Government flat but such a Government flat can only be purchased by a homeless at such rate but it is a sky to a homeless, but it cannot be touched.  In this case we have gathered these complainants are not men of LIG but anyhow they managed to get such allotment invariably suppressing some facts and under the purview of the LIG in the present case complainant got a LIG flat along with car parking space that means the status of the complainants is not LIG.  But they somehow adopting tricky procedure managed to get such allotment and have been enjoying the part donation of the Government in respect of this housing project where they have been residing.  But even then they are claiming interest which is a fun to us.  In view of the above circumstances, we incline to dismiss the complaint asking the intended purchasers to realize the truth and to follow a path of ethics in their life so that they may spread their conscience to other flat owners of LIG so that they cannot appear before this Forum with such vexatious claim. 

          In the result, the complaint fails.

          Hence, it is

                                                     ORDERED

          That the complaint be and the same is dismissed on contest without any cost considering the entire episode what has been evaluated after consulting different Central Project of Housing Board Development Project of the State Government and also the Central Government policy home or homeless.