w w w . L a w y e r S e r v i c e s . i n



Santosh Kumar Garg (Deceased) v/s U.P. Housing & Development Board, U.P. & Another


Company & Directors' Information:- S V HOUSING PRIVATE LIMITED [Active] CIN = U70109DL2006PTC150816

Company & Directors' Information:- KUMAR HOUSING CORPORATION PRIVATE LIMITED [Amalgamated] CIN = U70101PN1989PTC050832

Company & Directors' Information:- GARG CORPORATION LIMITED [Active] CIN = U99999PB1998PLC021355

Company & Directors' Information:- SANTOSH LIMITED [Active] CIN = U74999GJ1990PLC014671

Company & Directors' Information:- D P GARG AND COMPANY PVT LTD [Active] CIN = U51909DL1998PTC094444

Company & Directors' Information:- V G P HOUSING PRIVATE LIMITED [Active] CIN = U65922TN1972PTC006240

Company & Directors' Information:- GARG AND COMPANY PRIVATE LIMITED [Active] CIN = U51420DL1997PTC088869

Company & Directors' Information:- T GARG & CO PVT LTD [Active] CIN = U51909WB1986PTC040320

Company & Directors' Information:- B R HOUSING PVT LTD [Active] CIN = U45203WB1995PTC073083

Company & Directors' Information:- G K S HOUSING LIMITED [Amalgamated] CIN = U45201TN1996PLC036147

Company & Directors' Information:- N S T HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U70109WB2001PTC093885

Company & Directors' Information:- R. J. HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2007PTC114792

Company & Directors' Information:- GARG (INDIA) PRIVATE LIMITED [Active] CIN = U24231UP1973PTC003754

Company & Directors' Information:- INDIA HOUSING LIMITED [Active] CIN = U45200PN2008PLC131883

Company & Directors' Information:- R D HOUSING PVT LTD [Active] CIN = U70101WB1996PTC081099

Company & Directors' Information:- G C HOUSING PRIVATE LIMITED [Active] CIN = U45201DL2003PTC122011

Company & Directors' Information:- S K HOUSING DEVELOPMENT COMPANY PVT LTD [Amalgamated] CIN = U45201WB1990PTC048531

Company & Directors' Information:- J. D. HOUSING PRIVATE LIMITED [Active] CIN = U45309PN2016PTC166622

Company & Directors' Information:- A N HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400UP2008PTC035479

Company & Directors' Information:- D L HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2009PTC135703

Company & Directors' Information:- G M K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069486

Company & Directors' Information:- R G HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC052735

Company & Directors' Information:- M S S HOUSING DEVELOPMENT INDIA LTD [Strike Off] CIN = U45201PB1991PLC011616

Company & Directors' Information:- B B HOUSING PRIVATE LIMITED [Strike Off] CIN = U70109WB1997PTC084775

Company & Directors' Information:- B S R HOUSING PRIVATE LIMITED [Strike Off] CIN = U70102AP2005PTC048146

Company & Directors' Information:- M. P. HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200UP2007PTC033329

Company & Directors' Information:- S K J HOUSING PRIVATE LIMITED [Active] CIN = U63023WB1999PTC089993

Company & Directors' Information:- S V R HOUSING INDIA PRIVATE LIMITED [Strike Off] CIN = U45200AP2009PTC064511

Company & Directors' Information:- R K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032252

Company & Directors' Information:- J HOUSING PRIVATE LTD [Active] CIN = U74899DL1980PTC010338

Company & Directors' Information:- K P A HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201TN2005PTC055354

Company & Directors' Information:- V. D. P. HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC054142

Company & Directors' Information:- G R E HOUSING PRIVATE LIMITED [Active] CIN = U70102AP2008PTC061004

Company & Directors' Information:- G M HOUSING PRIVATE LIMITED [Strike Off] CIN = U99999MH1994PTC076203

Company & Directors' Information:- GARG AND CO PVT LTD [Not available for efiling] CIN = U51909PB1946PTC000969

Company & Directors' Information:- K K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200DL2012PTC232532

Company & Directors' Information:- GARG HOUSING PRIVATE LIMITED [Strike Off] CIN = U70101MH1994PTC083654

Company & Directors' Information:- V R HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201AP1998PTC030550

Company & Directors' Information:- A. S. HOUSING PRIVATE LIMITED [Active] CIN = U45209PB2012PTC036226

Company & Directors' Information:- U R HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U45209PB2012PTC036764

Company & Directors' Information:- S. N. HOUSING PRIVATE LIMITED [Active] CIN = U45400MH2010PTC202407

Company & Directors' Information:- P & M HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC229509

Company & Directors' Information:- D. H. HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC237322

Company & Directors' Information:- N K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200MH2003PTC139304

Company & Directors' Information:- C S R HOUSING PRIVATE LIMITED [Active] CIN = U45400TG2012PTC078681

Company & Directors' Information:- R & S HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U70102TN2009PTC071067

Company & Directors' Information:- K-HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200TN2009PTC070655

Company & Directors' Information:- L R HOUSING PRIVATE LIMITED [Active] CIN = U70100TG2013PTC089981

Company & Directors' Information:- K N S HOUSING PRIVATE LIMITED [Active] CIN = U45400DL2007PTC167504

Company & Directors' Information:- R C HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032258

Company & Directors' Information:- W B HOUSING COMPANY PRIVATE LIMITED [Strike Off] CIN = U70109DL2013PTC250413

Company & Directors' Information:- B G HOUSING PRIVATE LIMITED [Active] CIN = U70101DL2004PTC124095

Company & Directors' Information:- A K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2007PTC056210

Company & Directors' Information:- M K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2008PTC059752

Company & Directors' Information:- G M R HOUSING PRIVATE LIMITED [Under Process of Striking Off] CIN = U70102TG2002PTC038792

Company & Directors' Information:- THE HOUSING CORPORATION LIMITED [Dissolved] CIN = U99999MH1946PLC010719

    Revision Petition No. 351 of 2016

    Decided On, 04 August 2020

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. PREM NARAIN
    By, PRESIDING MEMBER

    For the Petitioner: Arvind K. Garg, Advocate. For the Respondents: Rajiv Yadav, Ankita Srivastava, Advocates.



Judgment Text


This revision petition has been filed by the petitioner Santosh Kumar Garg (deceased) through his son against the order dated 08.07.2015 of the State Consumer Disputes Redressal Commission, Uttar Pradesh (in short ‘the State Commission) passed in First Appeal No.3202/2003.

2. Brief facts of the case are that on 28.02.1982 the petitioner deposited Rs.5000/- as the registration money for a house under Vashundhara Scheme Ghaziabad in which a house was to be given according to priority by Lottery/Draw. House was to be given on instalments of 12 years in 144 monthly instalments and approximate cost of MIG House was fixed between Rs.40,000/- to Rs.60,000/-. On 20.08.1985, respondent issued a letter to the revisionist further demanding Rs.5000/- upto 30.11.1985 along with previous original receipt to be filed and continuity of his registration in the Board for the MIG house. On 20.11.1985, revisionist deposited again Rs.5,000/- in compliance of letter dated 20.8.1985 of the respondent. On 08.07.1987, respondent issued registration certificate for Rs.10,000/- in the name of revisionist/complainant. On 30.07.1989, respondent/Board advertised in newspaper that 436 houses are ready and allotment will be done by lottery shortly, but revisionist/complainant’s name was not included in lottery. On 07.02.1990, respondent/Board informed the revisionist/complainant that again newly constructed 400 MIG houses will be allotted on 15.03.1990 by lottery. For this purpose, required consent letter with signature of acceptance was submitted by revisionist/complainant on 10.02.1990 in the office of respondent. Only house number was to be allotted to the registered person by way of lottery to be held on 15.03.1990. The officers of the respondent/Board allotted the house illegally and arbitrarily to some unregistered persons in 1982 while the revisionist/complainant was the registered person in 1982. The revisionist/complainant requested many times to allot the house number, upon which the respondent/Board sent a letter dated 15.02.1992 asking to submit the consent in writing upto 10.03.1992. The revisionist/complainant submitted his consent within time on 02.03.1992, but the house number was not allotted while houses were available. On 14.08.1995, after so many reminders to the respondent/Board sent by revisionist/complainant, the respondent/Board informed the revisionist/complainant that 42 houses are available in MIG category and again asked the written consent which was sent by the revisionist/complainant through registered post on 31.08.1995 to the respondent/Board but the house number was not allotted while houses were available. While revisionist/complainant being the registered person of 1982 was positively entitled for MIG house on the basis of priority, nobody could get the house who was not registered in 1982 prior to the revisionist/complainant. The complainant filed a consumer complaint before the District Consumer Protection Forum Ghaziabad, (in short the ‘District Forum’), which was dismissed vide its order dated 23.10.2003

3. Aggrieved with the above order of the District Forum, the complainant /petitioner filed an appeal before the State Commission, which was allowed vide its order dated 08.07.2015.

4. Hence the present revision petition.

5. Heard the learned counsel for both the parties and perused the record. Learned counsel for the petitioner stated that the original booking of MIG flat was made in the year 1982 and since then many times the respondent Board informed that flat number will be allotted to the petitioner/ complainant. However, every times no flat number was allotted to the petitioner. The District Forum dismissed the complaint without any basis and then the appeal was filed before the State Commission where the State Commission has allowed the refund of the paid amount of Rs.10,000/- along with interest @6% p.a. with effect from 30.11.1985. The fact is that the complainant deserves a flat. However, if it was not possible to allot the flat, the respondent Board should have refunded the amount along with 24% p.a. interest. The State Commission has not passed any order in respect of the allotment of flat, but has ordered refund of paid amount along with 6% p.a. interest only.

6. On the other hand, learned counsel for the respondent Board stated that though the complainant was given registration certificate for the scheme, however, there were about 9000 applicants and the houses were limited. The complainant did not succeed in the lottery draw and therefore, he could not be allotted a flat. As he wished that his registration should be continued, the same was being continued. Both the fora below have not found any merit in the request of the complainant for allotment of the flat. The State Commission has, however, allowed refund of deposited amount of Rs.10,000/- along with interest @6% p.a. The interest @6% p.a. is very reasonable and sufficient. The complainant does not deserve more interest than this.

7. I have carefully considered the arguments advanced by the learned counsel for both the parties and have examined the record. The State Commission has mentioned in its order that in one of the grounds of appeal the appellant before the State Commission has stated that if there was no possibility of allotting MIG flat then the respondent Board should have refunded the amount paid of Rs.10,000/- along with 24% p.a. interest from the date of deposit. Thus, it is clear that one of the requests of the complainant was to refund the amount paid by him as no flat could be allotted to him. In this light, there seems to be no illegality in the order dated 8.07.2015 of the State Commission and the State Commission has rightly ordered the refund of Rs.10,000/- along with interest. However, it is seen that the State Commission has only allowed interest @6% p.a. on the amount of refund, whereas this Commission and the Hon’ble Supreme Court are giving interest @9% -10% p.a. on the amount of refund. Hon’ble Supreme Court in Kolkata West International Pvt. Ltd. Vs. Deva Asis Rudra, II (2019) CPJ 29 (SC) has reduced

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the rate of interest on the amount of refund from 12% per annum to 9% per annum. Accordingly, complainant deserves atleast 9% p.a. interest on the amount of refund of Rs.10,000/-. In the facts and circumstances of the case, I deem it appropriate to allow 10% p.a. interest on the amount of refund. 8. Based on the above discussion, revision petition no.351 of 2016 is partly allowed and the order of the State Commission dated 08.07.2015 is modified to the extent that the amount of Rs.10,000/- will be refunded along with 10% p.a. interest instead of 6% p.a. interest as ordered by the State Commission. With this modification, order of the State Commission is upheld.
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