SHUDHABALA SHARMA & ANR Vs. M P HOUSING BOARD & ORS

JUDGEMENT

(1.) BOTH these appeals No. 507 of 2007 by complainants and No. 588 of 2007 by opposite party - M.P. Housing Board arise out of the order dated 12.2.2007 passed by District Consumer Disputes Redressal Forum, Jabalpur in C.C. No. 140/2006 allowing complainant's complaint in part and directing opposite party -Board to pay to the complainants Rs. 1,11,645 with interest @ 6% p.a. from the date of deposits, besides cost Rs. 1,000.

(2.) THE dispute pertained to a house No. MIG D -2 situated at Dhanwantari Nagar, Jabalpur and allotted to complainant -Smt. Shudhabala Sharma on hire purcahse basis on 12.4.1991. Complainant No. 2 - Shekhar Sharma, an advocate is the husband of complainant No. 1. For the purpose of this order we shall refer to complainant No. 1 only as complainant. Registration for the said house was made by the complainants on 5.6.1987. Initially the estimated cost of the house (including the plot admeasuring 1614 sq. ft.) was fixed at Rs. 1,00,000. At the time of allotment, the cost of the house was revised to Rs. 1,39,544 and after adjusting the amount of Rs. 45,000 already deposited by the complainant till date, she was required to deposit Rs. 645 immediately and the balance amount of Rs. 93,900 with interest @ 14% p.a. in 15 yearly equated instalments of Rs. 15,288 each. She was also required to pay insurance charges Rs. 242, maintenance charges Rs. 188 and lease rent Rs. 300 per annum i.e., Rs. 15, 870 per annum. Said balance amount of Rs. 645 required to be paid before delivery of possession was paid by complainant -allottee on 14.5.1991. Hire purchase agreement was executed between the parties on 15.5.1991, corrected later on 6.7.1991 which inter alia provided for payment of the equated instalments as aforesaid and penal interest in case of default in payment of instalments.

(3.) COMPLAINANT , after execution of the agreement has made payments as follows: Date Amount in (Rs.) 29.3.1994 Rs. 10,000 .00 27.2.1996 Rs. 10,000 .00 29.3.1996 Rs. 10,000 .00 2.4.1997 Rs. 20,000 .00 9.4.1997 Rs. 10,000 .00 15.4.1998 Rs. 10,000 .00 30.3.2000 Rs. 6,000 .00 Total : Rs. 76,000 .00 Payments made earlier to the execution of the agreement Rs. 45,645 .00 Grand Total= Rs. 1,21,645 .00