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Judgment
Hon''ble Mrs. Justice Poonam Srivastav
Heard counsel on behalf of the petitioner as well as counsel appearing on behalf of the Housing Board.
The writ petition is preferred challenging the exorbitant demand from the petitioner in respect of House No. B/131 (M.I.G.) situated at Harmu Housing Colony, Argora, Town and District-Ranchi.
The notice (Annexure- 8 to the writ petition) shows that the dues demanded was to the tune of Rs. 5,69,367.00 up till 31.10.2009. The chart appended to this notice was also pointed out by the counselShri Manoj Tandon to demonstrate that the amount due for payment but unpaid in October 1992 during the month was only Rs. 21,902.00. However, the Housing Board insisted on the exorbitant demand. When the writ petition was preferred, an amount of Rs. 21,902.00 was already deposited.
I.A. No. 2169 of 2011 was filed on 20.07.2011 challenging the additional demand of Rs. 11,74,936.00. This demand is also impugned in the instant writ petition.
The respective counsels were heard at length and finally the Housing Board was directed to make calculation @ simple interest specially in view of the decision in C.W.J.C. No. 684 of 1999(R). The judgment is annexed as Annexure14 to the writ petition.
I have also gone through the judgment and para- 9 is specific that there was no stipulation between the parties for charging compound interest on the balance amount of interest.
Counsel appearing on behalf of the Housing Board states that on the direction of this Court in the instant writ petition, fresh calculation was made at the rate of simple interest and according to the Housing Board, only an amount of Rs. 8,714.00 remains to be paid. This calculation has been admitted by means of an affidavit dated 23.09.2011, which is on record.
In view of these assertions, I am of the considered view that minor controversies does not called for an adjudication, since the petitioner is prepared to deposit the additional amount of Rs. 8,714.00, the controversy is set at rest.
The writ petition is disposed of with a direct to the Housing Board that it shall not make any further demand whatsoever after the amount of Rs. 8,714.00 is deposited. This amount shall be deposited within a period of one week from today. After the aforesaid deposit is made, the Housing Board shall take steps to effect the registry of the house in question since no arrears remains and it shall ensure that the registry be completed within a period of four weeks.
With the aforesaid observations/directions, the writ petition and also I.A. No. 2169 of 2011 stand disposed of.