HOUSING COMMISSIONER KARNATAKA BOARD Vs. K.A. NAGAMANI

JUDGEMENT

(1.) The respondent/complainant applied to the petitioner for the allotment of the HIG-B Flat under Self Financing Housing Scheme at Kengeri, Bangalore and flat No.116, Type B on the first floor was allotted to her, vide letter dated 25.3.1992. A Provisional Intimation of Allotment dated 23.4.1992 was thereafter sent to the complainant, intimating the provisional cost of the flat and the stages of payment. The total amount referred in the aforesaid letter dated 23.4.1992 came to Rs.3,15,000.00. The complainant paid Rs.2,67,750.00 to the petitioner in four instalments, including the registration fee. Vide letter dated 24.6.1995, the complainant was informed that in place of the previously allotted plot she had been allotted flat No.64 HIG-B5 in Block No.61 at a cost of Rs.5,90,000.00. Since the complainant was not in a position to pay the additional amount demanded from her, she requested the petitioner to return the amount paid by her. The petitioner refunded the amount after deducting a sum of Rs.3,937/-. The complainant/respondent sought refund of the balance amount of Rs.3,937/- along with interest @ 27% per annum on the deposit of Rs.2,67,750.00 from the date of each payment. She also sought compensation. Her claim having not been paid, she filed a consumer complaint before the concerned District Forum, which directed the petitioner Board to pay interest of 12% per annum on Rs.2,67,750.00 from the date of the deposit till the date of realization. The petitioner was also directed to refund the amount of Rs.3,937/-to the complainant/ respondent. Being aggrieved from the order passed by the District Forum, the complainant preferred an appeal before the concerned State Commission. The said appeal having been dismissed, she approached this Commission by way of a revision petition. The revision petition also having been dismissed, she approached the Honourable Supreme Court by way of SLP (C) petition No.35226-35227 of 2011, which was later converted into Civil Appeal No. 6730-6731 of 2012. The appeal was disposed of vide order dated 19.9.2001. The operative part of the said order reads as under: "26. For the reasons aforesaid, we allow the appeals and pass the following order : 1. The respondent is directed to pay the appellant - complainant interest at the rate of 18% per annum on Rs.2,67,750.00 from the date of its respective deposit till the date of realization with further direction to refund the amount of Rs.3,937/- to her, as directed by the Consumer Forum;

(2.) The respondent is directed to pay the appellant - complainant further sum of Rs.50,000.00 as compensation for deficiency in service on their part;

(3.) The respondent is also directed to pay the appellant - complainant a sum of Rs.20,000.00 towards cost of the litigation incurred by her. The aforesaid amount be paid in favour of the appellant - complainant on an early date but not later than four weeks from the date of receipt/production of copy of this order. The orders passed by the State Commission and the National Commission are set aside and the order passed by the District Forum stands modified to the extent above". 2. The complainant filed Execution Petition No.2/2014 before the concerned District Forum, seeking execution of the order passed in her complaint. The District Forum vide its order dated 16.8.2014 directed the petitioner to pay a sum of Rs.1,07,057/- to the complainant as on 14.8.2014. Being aggrieved from the said order, the complainant approached the concerned State Commission by way of an appeal. The State Commission vide impugned order dated 01.3.2016, directed as under : "The above appeal is allowed setting aside the impugned order dated 16.8.2014 passed on the memo of calculation filed by both the parties in Execution Petition No.2/2014 on the file of IV Addl. Bangalore Urban Consumer Disputes Redressal Forum, Bangalore and it is held that the amounts already paid by the Jdr. Will have to be first appropriated towards interest and accordingly, a sum of Rs.2,67,750.00 paid by the Jdr. is appropriated towards interest. Hence, the matter is remanded to the District Forum directing both the appellant/dhr. as well as respondent/jdr. to file their respective memo of calculations afresh and the District Forum is directed to adjudicate the matter afresh by holding that whatever amount paid is first appropriated towards interest payable on the respective date and payment". Being aggrieved from the aforesaid order of the State Commission dated 01.3.2016, the petitioner is before this Commission, by way of this revision petition. 3. Vide order dated 19.10.2016, this Commission directed the Housing Commissioner of the Karnataka Board to file an affidavit giving the following information : (1) On which date, interest in terms of the order of the Honourable Supreme Court was paid to the complainant and how the said interest was calculated; (2) On which date, the principal amount of Rs.3,937/- was paid to the complainant in terms of the aforesaid order of the Honourable Supreme Court; (3) On which date, compensation quantified at Rs.5,000.00 was paid to the complainant; (4) On which date, cost of litigation quantified at Rs.20,000.00 was paid to the complainant. In compliance of the aforesaid order, an affidavit has been filed by the Karnataka Housing Board. The said affidavit, to the extent it is relevant, reads as under: "2. That the amounts directed to be paid to the Respondent in terms of the judgment dated 19.9.2012, passed by the Honourable Supreme Court of the India, in CA No.6730-31/2012 were paid to the Respondent as per the Calculation & Payment Sheet at Annexure A. The said calculation sheet at Annexure A may also be read as part and parcel of the present affidavit". The following is the calculation of interest given by the petitioner Board: Manner of calculation and amount (I) IV Additional District Consumer Disputes Redressal Forum, Bangalore, Complaint No.2521/2006 dated 21.12.2006 <FRM>JUDGEMENT_63_LAWS(NCD)2_2017_1.html</FRM> (II) The Honourable Supreme Court, New Delhi, Civil Appeal No.6730-6731 of 2012 dated 19.9.2012 <FRM>JUDGEMENT_63_LAWS(NCD)2_2017_2.html</FRM> (III) IV Additional District Consumer Disputes Redressal Forum, Bangalore, Complaint No.2521/2006 dated 21.12.2006 (in EP 2/2014) <FRM>JUDGEMENT_63_LAWS(NCD)2_2017_3.html</FRM> As per order dated 16.8.2014 the KHB has paid of Rs.1,07,057/- Ch. 690557 dated 09.9.2014.