NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
(From the order dated 20.4.2001 in Appeal No.199 of 2001
of the State Commission, Kerala)
A.J. Kutty Petitioner
Secretary, K.S. Housing Board & Anr. Respondents
HONBLE MR. JUSTICE D.P. WADHWA,
MRS. RAJYALAKSHMI RAO, MEMBER
MR. B.K. TAIMNI, MEMBER.
Housing application for allotment of flat in the year 1980 for 15 years no flat allotted claim for refund of money made held - it is not a voluntary act of surrender on the part of the complainant - wait for 15 years perforced him to seek refund held entitled to interest @ 18% per annum.
For the petitioner : Ms. G.L. Goswami, Advocate
For the respondent : Mr. M.T. George, Advocate
O R D E R
DATED THE 22ND AUGUST, 2003
JUSTICE D.P. WADHWA, J.(PRESIDENT).
On 23.9.2002 while admitting the petition we passed the following order :-
Admit. Issue notice to the respondents returnable on 31.1.2003.
The complainant is the petitioner before us. He had applied for a flat in the year 1980 when he paid a sum of Rs.4,800/- which was 60% of the price. It was promised that the possession of the plot will be given within three years. However, in 1995, the complainant was told that the cost has been raised to Rs.8,01,801/-. On the ground of delay and escalation, the complainant demanded his money to be refunded. District Forum dismissed the complaint. The State Commission also dismissed the complaint stating that such refund is to be made with interest as agreed to in the brochure which is 6% p.a. This order was made on the basis that the petitioner voluntarily surrendered the flat as one of the grounds taken delay.
For long 15 years, possession of the plot could not be given to the complainant and he had to ask perforce for refund. It could not be said that it was voluntarily act on the part of the complainant. We, therefore, allow the petition and direct that rate of interest shall be 18% p.a. and not 6% p.a. With this modification, the order of the State Commission is affirmed. Complainant is also entitled to cost which we assess at Rs.2,000/-. Cost shall be payable to the petitioner himself.