MRS.VEENA MISRA, J. - (1.) THIS Order will govern disposal of Appeal Nos. 410/2011and 436/2011 which have been respectively preferred by complainant and OPs against order dated 27.6.2011 passed in complaint Case No.108/2010 by the Consumer Disputes Redressal Forum, Raipur (hereinafter referred to as District Forum for short) whereby the Ops were directed to pay interest @6 % per annum from the date of each installment deposited by the complainant and also to pay Rs.5,000/ - towards compensation for mental harassment and Rs.1,000/ - towards cost of proceedings. For the sake of convenience and to avoid confusion of any sort parties will be referred in this order as complainant and OPs.
(2.) BRIEF facts necessary for disposal of these appeals are that the complainant had booked an MIG Delux house at Saddu, Raipur with OPs under Self -Finance Scheme. Complainant was duly informed by the OPs vide letter dated 06.07.2006 that on the basis of his application dated 16.11.2005, House No. 84 has been allotted to him. Total price of the House was Rs.9,48,000/ - out of which the complainant had deposited Rs.1,42,000/ - at the time of registration and was required to deposit two installments of Rs.2,01,000/ - each and final installment of Rs.2,03,000/ - was to be paid at the time of possession. The complainant had paid all installments within the stipulated time, only the last installment which was to be paid at the time of possession could not be paid as the house was not ready for possession. The OPs raised a demand of additional sum of Rs.2,10,000/ - and intimated that final price of the house in question is Rs.11,89,000/ -. It is averred in the complaint that after inspection of completed house, the complainant is prepared to deposit the last installment of Rs.2,03,000/ - which was to be paid at the time of possession but he is not liable to pay escalation cost as the delay was caused by the OPs and complainant cannot be penalized for the same. On the contrary the complainant is entitled to get Rs.4,00,000/ - towards compensation for mental harassment due to deficiency in service committed by the OPs. He is also entitled to interest @1.5% per month on the amount deposited by him with the OPs. The OPs resisted the complaint on the ground that Rs.9,48,000/ - was only the estimated cost of the house and final cost was to be calculated after completion of the house, prior to handing over possession. As after final calculation the price of the house came to Rs.11,89,000/ - so the notice of demand was sent to the complainant and the complainant is liable for payment of the same. Objection to the effect that the forum does not have jurisdiction to decide the matters relating to cost of construction. It was also averred that the complainant is not entitled to interest on the amount paid by him.
(3.) ON consideration of material before it the District Forum partly allowed the complaint against which both the parties have preferred appeal which under consideration.;