JUDGMENT : As per S.K. Kulshrestha, J. (President) : - The housing board has filed this appeal against the order dated 9-7-2010 of the District Consumer Disputes Redressal Forum, Damoh passed in C.C. No. 33/2010 whereby the award of interest @ of 8.50% has been challenged. 2. According to the case of the complainant/respondent, the housing board had issued a public notice dated 20th January, 2006 proposing to construct houses in Vivekanand Nagar, Damoh. Persons desirous to purchase the houses were required to deposit by 30th January, 2006, the earnest money of Rs. 85,000/-, the cost of HIG house was shown to be Rs. 8 lakhs. The cost was thereafter enhanced to Rs. 11,25,000/- which were objected to by the complainant. Eventually, the cost was enhanced to Rs. 12,35,000/- and the complainant was asked to deposit a sum of Rs. 5,25,000/-. On the amount being deposited the house No. 24 was allotted to the complainant. It was at this juncture that the complainant was advised that the house would be completed in October, 2009 and that by September, 2008 he should deposit 3 instalments in full and final settlement of the amount. The complainant refused to buy the house at that price and asked the housing board to refund her amount. The housing board refunded the amount along with 4% interest while the interest payable by the complainant to the bank was 10.5%, it is for this interest that the complaint was filed. 3. The opposite party-appellant resisted the claim of the complainant-respondent. It was stated that by letter dated 25-8-2007 that the price of the house was escalated at Rs. 11,25,000/- and it was specified that by 19-3-2007, 7 5,40,000/-should be deposited thus demand was made which the respondent failed to fulfil. The housing board awards interest on the deposited amount @ 4% and the sum of Rs. 6,35,000/- has been refunded to the respondent. She, therefore, cannot claim more interest. 4. The fact that the housing board escalated the price of the house from time to time is not in dispute. The house, which was initially made available at Rs. 12,35,000/- but then again it was enhanced to 7 16,15,000/-, therefore, the complainant was quite justified in asking for refund of her money with interest. However, interest has already been awarded @ 8.5% and we do not find a fit case for reduction of the interest.
The house, which was initially made available at Rs. 12,35,000/- but then again it was enhanced to 7 16,15,000/-, therefore, the complainant was quite justified in asking for refund of her money with interest. However, interest has already been awarded @ 8.5% and we do not find a fit case for reduction of the interest. The appeal of the housing board is dismissed.