Petitioner sought refund of advance payment for a cancelled HIG flat allotment. Court directed Housing Board to refund the paid amount without interest despite Board's cancellation and re-allocation to a third party.
Refund of Rs.6,98,250/- within twelve weeks. No interest granted.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:08.09.2016
Coram:
THE HONOURABLE MR.JUSTICE M.JAICHANDREN
W.P.No.3298 of 2014
R. Rama ... Petitioner
Vs
1.Tamil Nadu Housing Board Rep. By its Managing Director No.331, Anna Salai Nandaman, Chennai-35. 2.The Allottee Service Manager K.K.Nagar Division Tamil Nadu Housing Board Ashok Nagar Shopping Complex Chennai-83. 3.The Manager, Marketing & Service Tamil Nadu Housing Board Ashok Nagar Shopping Complex Chennai-83. 4.The Executive Engineer & Administrative Officer Tamil Nadu Housing Board Ashok Nagar Shopping Complex Chennai-83. ..Respondents
Prayer : This writ petition has been filed to issue a Writ of Mandamus, directing the respondents 1 to 4 to refund the sum of Rs.7,10,000/- paid by the petitioner towards the cost of the Flat No.A-20 at 208, HIG Scheme, Ashok Pillar Salai, K.K.Nagar, Chennai-83 with interest @ 24% p.a.
For Petitioner : M/s.S.S. Jhothivani For Respondents : Mr.V. Anandhamurthy O R D E R
Heard.
(hereinafter referred to as 'HIG') Flat No.A-20, at Ashok Pillar Salai, K.K.Nagar, Chennai, together with interest @ 24% p.a.
"Consider the loss occur to Board, the Board has passed the Resolution to recover the amount from the allottee, if the allottee surrender/not accepting the allotment after paying the initial amount for some reason, the penal interest (16%) will be calculated on the total cost of the house/plot from the date of ready for occupation/allotment to the date of surrender/taken over by the Board".
to direct the first respondent herein, to refund the amount of Rs.6,98,250/-, to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order. However, the petitioner is not entitled to any interest for the said amount. Hence, the Writ Petition stands allowed. No costs.
/true copy/
Sub Asst. Registrar To 1.Tamil Nadu Housing Board Rep. By its Managing Director No.331, Anna Salai Nandaman, Chennai-35. 2.The Allottee Service Manager K.K.Nagar Division Tamil Nadu Housing Board Ashok Nagar Shopping Complex Chennai-83. 3.The Manager, Marketing & Service Tamil Nadu Housing Board Ashok Nagar Shopping Complex Chennai-83. 4.The Executive Engineer & Administrative Officer Tamil Nadu Housing Board Ashok Nagar Shopping Complex Chennai-83. +1 cc to M/s.S.S.Jothivane,advocate,sr.51107 +1 cc to M/s.V.Anandhamurthy,advocatesr.51200. ala(co) krd 26/9 W.P.No.3298 of 2014
3 issues framed by the court
Whether the petitioner is entitled to a refund of the advance payment made for the flat after the allotment was cancelled.
Whether the petitioner is entitled to interest on the refunded amount.
Whether the Housing Board can retain the advance amount when the flat was re-allocated due to the Board's failure to facilitate a loan.
1 provisions across 1 enactments
R. Rama
Tamil Nadu Housing Board Rep. By its Managing Director
The Allottee Service Manager K.K.Nagar Division Tamil Nadu Housing Board
The Manager, Marketing & Service Tamil Nadu Housing Board
The Executive Engineer & Administrative Officer Tamil Nadu Housing Board
M. Jaichandren
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
