CHAIRMANSHRI GUJARAT RURAL HOUSING BOARD vs JANAKBHAI JASHUBHAI PATEL

THE point at issue in this case is whether the Court can grant a relief of damages, which has not been prayed. In the instant case the complainant who has deposited Rs. 4,200/- towards the scheme made by the Gujarat Rural Housing Board has filed a complaint for recovery of the amount with interest @ 15%p.a. only.

THE Board has filed a written statement and stated that such a scheme was floated for the benefits of low income group persons and demand surveys were made. However, on account of the reasons stated in the written statement and after discussion with the Chief Minister it was decided to return the amount to the applicants by way of refund. THE complainant has never demanded the amount of refund till the notice was received through the advocate on 9.4.91. On perusing the notice it appears that the complainant has paid the deposit towards the scheme and the Board having discontinued the scheme he demanded the amount with 15% interest. THE notice is dated 9.4.91. THE Board having not paid the amount with interest but only made an offer, the complainant had filed a complaint on 4.10.91 and prayed that the amount of Rs. 4,200/- plus 15% interest from 3.6.82 be paid to the complainant. THE last usual prayer is also there that the Court may award other reliefs which may be deemed fit and proper. THE complainant has also filed an affidavit on 10.1.92 by way of evidence wherein he has demanded interest @ 15%. THEre is one more affidavit filed by Mr. P.M. Malek on behalf of the Board wherein he has stated that the other applicants of the scheme have sent advance receipts and the Board has made payment of the deposit amount, whereas the complainant has remained negligent for getting money. Both the parties have also filed a purshish on 13.3.92 that they do not want to adduce any further evidence. Mr. Baxi, the learned Counsel appearing on behalf of the appellant Board states that not only the District Forum awarded refund of Rs. 4,200/- with interest @ 12% but have exceeded its jurisdiction in awarding Rs. 90,000/- by way of damages which has neither been prayed for nor demanded in the affidavit or anywhere in the com plaint and the claim was restricted only with regard to the refund of the amount with interest @ 15%. According to Mr. Baxi the Court has exceeded its jurisdiction in awarding the damages which has never been sought for.

Mr. Bhatt, the learned Advocate appearing on behalf of the respondent claimant when asked the question as to how the Court can award the damage which has neither been prayed for nor any evidence to that effect has been given, submitted that the complainant has already stated in the complaint that the Court may award any other relief which the complainant was entitled and, therefore, the Court has the power to grant the damages. We asked Mr. Bhatt to cite some provisions of law or authority in this respect Mr. Bhat has shown one judgment in complaint No. 132/91 wherein according to Mr. Bhatt this Commission has granted relief which was not prayed for. We have perased that judgment. His argument is completely erroneous and misleading. There the complainant had prayed for the damages of Rs. 2 lakhs whereas the Commission had awarded Rs. 1,80,000/- only. Mr. Bhatt further states that in the interest of justice the case should be remanded. We do not agree to this. We are of the opinion that the District Forum has committed an error of law as well as facts in awarding the damages which has neither been asked for nor prayed for nor any evidence to that effect has been adduced.

IN the instant case the District Forum has awarded 12% interest though the claimant has asked for 15% interest on the ground that the District Forum was awarding Rs. 90,000/- by way of damages. We are, therefore, of the opinion that the interest of justice will be served if the complainant is awarded 18% interest instead of 15% since we are allowing the appeal in respect of Rs. 90,000/- damages awarded by the District Forum. ORDER The appeal is partly allowed. The appellant opposite party will pay Rs. 4,200/- as principal amount with running interest @ 18% p.a. Since the appeal is partly allowed, there will be no order as to costs. The difference of amount shall have to be deposited within 4 weeks from today. The appellant-opposite party is permitted to withdraw the excess amount deposited by it. Appeal partly allowed.