Jayanta Kumar Biswas, J. - (1.) The petitioner is aggrieved by the decision of the respondents that in connection with the allotment of flat No. 2/1 in Birati Housing Estate. She was liable to pay a sum of Rs. 43,542/- over and above the amount she had already paid towards the full price for the flat.
(2.) By depositing Rs. 25,000/- as application money she applied for an MIG(U) type flat in the housing estate, West Bengal Housing Board was constructing. By a letter dated January 30th, 2003 she was informed that flat No. 10/15 in the housing estate had been provisionally allotted to her. She was called upon to pay Rs. 2,51,600/- towards balance of the full price for the flat. It was mentioned that if she made full payment within sixty days, then she would be entitled to get ten percent cash discount amounting to Rs. 27,660/-. It was further mentioned that before execution and registration of sale deed she would be required to pay Rs. 5,532/- towards incidental charges.
(3.) By a representation dated March 1st, 2003 she requested the competent authority to allot a ground floor flat, since it was impossible for her to use the allotted flat with her parents, and if it was not possible to allot a ground floor flat, then to treat the allotment letter dated January 30th, 2003 as cancelled. By a letter dated July 26th, 2003 the authority informed her, that considering her request decision had been taken to allot the ground floor flat No. 2/1. It was mentioned that all other terms and conditions including price of the flat mentioned in the allotment letter dated January 30th, 2003 would remain unchanged. Accepting the allotment, she immediately deposited the full price for the flat. She claimed the ten percent discount benefit. Not only the claim was turned down, the authority also said that she would be liable to pay penal interest amounting to Rs. 15,882/- for delayed payment.;