MANAGING DIRECTOR J&K HOUSING BOARD Vs. D.C. SHARMA
HIGH COURT OF JAMMU AND KASHMIR
Managing Director JAndK Housing Board
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SANJAY DHAR, J. -
(1.)The petitioner has challenged order dated 27.04.2007 passed by the J&K State Consumer Disputes Redressal Commission, Jammu (hereinafter referred to as the 'State Commission') as also the award dated 23.11.2004 passed by the Divisional Consumer Forum, Jammu (hereinafter referred to as the 'Divisional Forum') whereby the complaint filed by respondent No.1herein has been allowed and the petitioner herein has been directed to pay a sum of Rs.7200/- along with interest at the rate of 9% per annum to the respondent No.1. Besides this, the petitioner has been directed to pay a sum of Rs.5000/- as litigation expenses to respondent No.1.
(2.)Briefly stated the facts leading to the filing of this petition are that respondent No.1 filed a complaint under Section 10 of Jammu and Kashmir Consumer Protection Act (for short 'the Act') before the Divisional Forum alleging therein that the petitioner had wrongfully retained a sum of Rs.16000/- that was deposited by respondent No1 with the petitioner in connection with repayment of House Building Advance. The record of the case shows that respondent No.1 had availed House Building Advance of Rs.40,000/-, out of which, a sum of Rs.16000/- was sanctioned and released in favour of respondent No.1 by respondent No.3 herein, whereas, the balance amount of Rs.24000/- was released by the petitioner in favour of respondent No.1. The loan amount was repayable in monthly installments.
(3.)It appears that while repaying the loan amount, the respondent No.1 deposited a total sum of Rs. 40,000/- with the petitioner from time to time, though he had taken only a sum of Rs.24000/- from the petitioner. The record further shows that the excess amount deposited by respondent No.1 with the petitioner was retained by the petitioner until 20.03.1998, when a sum of Rs.8427/- was refunded by the petitioner to respondent No.1.
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