Decided on December 15,2010

Indian Railway Welfare Organization Appellant
V Vasanthammal Respondents


- (1.) THE opposite parties, and the complainants are the appellants, in F.A.No.303/2007 and 251/2008 respectively, being aggrieved by the order of the District Forum in C.C.No.212/2005, dated 18.4.2007, on the file of District Forum, Trichy.
(2.) THE facts leading to the appeals: In the scheme floated by the Indian Railway Welfare Organization, herein after called 'IRWO', called Rail Vihar, the complainants applied for the allotment of a dwelling unit, and accordingly as per letter dated 5.2.2001, a dwelling unit (Type IV), was allotted for the estimated cost of Rs. 11,70,000. Because of the fact, the opposite party had rescheduled the payment of instalment, and inordinate delay in getting approval, the complainants were unable to remit the instalments, within the stipulated time, for which the 1st opposite party charged interest, unminding the appeals and request, made by the complainant, for consideration of waiver of interest. Boomi Pooja and builders agreement was performed, executed only on 27.3.2003, i.e., just before the due date of the 7th instalments. The interest charged on the delayed payments is unjust, unfair, and the complainants are penalized, for no fault of their.
(3.) THE Directorate of Town Planning had approved, construction of only 102 units, resulting increase in the plinth area, of each unit, followed by enhanced amount, from the allottees. Because of rescheduling, delayed commencement of the construction, and several deviations, in the contract of the scheme, unnecessarily the complainants were penalized, thereby causing negligence. The 1st opposite party, has collected lesser interest of 3% from 3rd parties, whereas they have collected at 9% from the complainant, the railway employees. Though entire amount has been paid, possession was not handed over, whereas they have issued a notice, calling upon the complainants to pay a further sum, not satisfied, that they have collected a sum of Rs. 21,850 towards maintenance charge. The amount collected from the complainants, under the caption of "interests are liable to refunded, with interest".;

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