Writ petition filed by a housing board member for refund of penal interest allegedly paid voluntarily. High Court held that voluntary payment made after acceding to a demand notice precludes refund. Petition rejected.
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 1095 of 2020
Shailesh Singh Kushwaha S/o Late Shiv Singh Kushwaha Aged About 49 Years R/o Quarter No. D 158 M. R. Colony Taigor Nagar, District Raipur Chhattisgarh
---- Petitioners
Versus
---- Respondents
For Petitioner : Mr. Ashok Patil, Advocate For Respondent/s : Mr. Sanjay Patel, Advocate
Hon'ble Mr. Justice P. Sam Koshy Order on Board
19/07/2022
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could not make the payment of installments timely and in the process certain interests and penal interests were charged by the respondents. It further reflects that upon a notice being issued by the respondent Board the petitioner has paid the entire amount of dues inclusive of interest and penal interest and thereby has settled the entire claim raised by the respondents on 25.09.2019. Subsequently, after a year’s time, the present writ petition has been filed thereby seeking refund of the amount of the penal interests that he has paid.
3 . It is not the case of the petitioner that respondents have charged the petitioners penal interests contrary to any agreement of settlement between the parties. The penal interest has been strictly in accordance with agreement entered into between the parties. The claim of the petitioner was only in the light of the certain orders passed by the High Court where in some writ petition the petitioner therein was not in a sound financial position to repay the said amount and respondents had initiated coercive steps including that of auction, that this Court had directed the Board to consider calculating the principal amount with interest by waving the penal interest as an exceptional case under the given circumstances. That cannot be a ground available for the petitioner seeking for the refund of the penal interest that the present petitioner has voluntarily paid to the respondents. Moreover, the relief sought for now cannot be accepted after the petitioner having willingly and voluntarily acceded to the demand notice raised by the respondents.
Sd/(P. Sam Koshy) Judge
Rohit
3 issues framed by the court
Whether the court should grant a refund of penal interest voluntarily paid by the petitioner after he voluntarily acceded to the demand notice?
Whether the petitioner can seek refund of penal interest based on orders in a different case which were not applicable to his own settlement?
Whether the demand for higher purchase scheme payments and penal interest is sustainable on facts?
Shailesh Singh Kushwaha
Chhattisgarh Housing Board Through Its Chairman
Executive Engineer Chhattisgarh Housing Board
Competent Officer Chhattisgarh Housing Board
Estate Officer Chhattisgarh Housing Board
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
