PRESIDENT, THE ROADWAYS DIRECTORATE, PUNJAB EMPLOYEES CO-OPERATIVE HOUSE BUILDING SOCIETY LTD. vs BAIJ NATH GHAI

BAIJ Nath Ghai instituted a complaint alleging that instead of 10% he deposited 25% as the first instalment for a built dwelling unit and he claimed refund of the excessive sum of 15% and the interest @ 18%. The District Forum II, Chandigarh, ordered on 25.8.1998 that from 22.5.1992 to 18.12.1996 interest was recoverable only on the sum of Rs. 3,130/- @ 18% p.a. and the excess amount shall be adjusted on the credit side so that the complainant may carry advantage at the later stage. Aggrieved against it, the present appeal has been preferred.

BRIEFLY the facts are that Baij Nath Ghai applied for a ''B'' category dwelling unit being an employee of the Directorate of Punjab Roadways. He presented a Bank draft dated 11.1.1992 for Rs. 22,800/- to the Punjab Employees Co-operative House Building Society, Sector 17, Chandigarh, and a receipt was issued to him. According to Annexure A2, each member was required to deposit Rs. 22,800/- for category ''B'' dwelling unit. There is a letter issued by the Directorate, Punjab Employees Co-operative House Building Society Limited, Chandigarh, Annexure Rl, which shows that as a consequence of a meeting with Mr. Baleshwar Rai, the then Adviser to the Administrator, a kindness was shown and in the beginning only 10% of the deposit was to be made by 31.1.1992 and remaining 15% by March 31,1992. However, Baij Nath Ghai, the respondent, straightaway deposited 25% on 11.1.1992 before the letter dated 22.1.1992 Annexure R1 was issued. This shows that at the time the Bank draft was handed over by the respondent, the amount to be deposited was 25% and not merely 10%. If Baij Nath Ghai acted in accordance with the terms and conditions prevalent on 11.1.1992, it cannot be said that there was any deficiency on the part of the Housing Society. The appellant has of course admitted the deposit of 25% and that it has been positively adjusted in respect of the price recoverable. In the circumstances of the case, we are of the view that it is not a case where any deficiency has been established against the appellant. The impugned order is hereby set aside. However, it is clarified that interest on 15% of the price shall not be levied on Baij Nath Ghai for the period 1.2.1991 to 31.3.1991. With this modification, the appeal stands disposed of. The parties are left to bear their own costs. Order set aside.