SITA DEVI versus BIHAR STATE HOUSING BOARD AND ORS.

SITA DEVI versus BIHAR STATE HOUSING BOARD AND ORS.

The appellant is entitled to interest on the entire deposited amount for flat allotment, not merely on the 20% deducted, as the respondent's delay and deduction was unjustified.

Parties
Appellant: Sita Devi; Respondent: Bihar State Housing Board and Ors.
Jurisdiction
India
Judgment Date
08 December 2006
Procedural Posture
Civil Appeal / Final Judgment on Appeal From Division Bench of High Court
Outcome
Appeal allowed
Legal Topics
Interest Entitlement, Housing Scheme, Refund on Non Completion, Deduction Justification
Civil Law Interest Entitlement Housing Scheme Refund on Non Completion Deduction Justification

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Parties

Sita Devi

Appellant

Bihar State Housing Board and Ors.

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From Division Bench of High Court

Legal Issues

  1. 1 Whether the appellant is entitled to interest on the entire amount deposited or only on 20% thereof

Ratio Decidendi

The appellant is entitled to interest on the entire deposited amount for flat allotment, not merely on the 20% deducted, as the respondent's delay and deduction was unjustified.

Court Disposition

Appeal allowed

Orders

  • Appellant entitled to interest at the rate fixed by the Single Judge on the entire amount, subject to adjustment of amounts already paid.
  • Respondent-Board to refund the deducted 20% amount with interest within three months.