National Consumer Disputes Redressal
Shyam Sundar Pathak vs Bihar State Housing Board on 13 January, 2003
Equivalent citations: III(2003)CPJ96(NC)
ORDER
J.K. Mehra, J. (Presiding Member)
1. We have heard both the parties. In these cases the only grievance of the complainant is that the land was available with the Bihar State Housing Board but he was not given any plot even though the persons who got registered after him were given plots. These matters were examined at the State Commission level and the opposite party was given an opportunity to examine whether any plot(s) is/ are available for allotment and on coming to know that no plot could be allotted in favour of the complainant-appellant, the impugned order was passed. By the order, the State Commission has directed the refund of the amount deposited from the date of the deposit together with interest at the rate of 12 per cent and also awarded a sum of Rs. 2.00 lacs by way of compensation. We had examined all these points on compensation as well as on interest in the case of Haryana Urban Development Authority v. Darsh Kumar, I (2002) CPJ 35 (NC)=Revision Petition No. 1197 of 1998, and after examining all the facts we have come to the conclusion that in such cases, interest should be awarded at the rate of 18 per cent per annum and if that is done, there will be no need to grant any extra compensation because the higher rate of interest awarded will take care of all that part. The complainant-appellant states that he has deposited a sum of Rs. 83,530.20 Ps. and has produced the receipts which are annexed to the petition. Accordingly, following the same decision, we modify the impugned order to say that the amount deposited by the complainant should be refunded with interest at the rate of 18 per cent per annum. It will be open to the appellant to show to the Executing Court the proof of exact amount deposited with the help of receipts. The award of compensation of Rs. 2.00 lacs is deleted. The appellant in 138/1998 will also be entitled to costs quantified at Rs. 5,000/-. Both these appeals stand disposed of.