IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 12210 of 2009(U) -------------------------- PETITIONER(S): --------------- R.SUSHAMA KUMARI, W/O.SUGATHAN, AGED 52, CHANDAYIL VEEDU, KALLIKKAD HOUSE, NEYYATTINKARA. BY ADV. SRI.C.S.MANILAL RESPONDENT(S): --------------- 1. THE KERALA STATE HOUSING BOARD, REPRESENTED BY THE SECRETARY, HOUSING BOARD JUNCTION, TRIVANDRUM. 2. THE SECRETARY, KERALA STATE HOUSING BOARD, HOUSING BOARD JUNCTION, TRIVANDRUM. ADV. SRI.A.JAYASANKAR, SC KSHB, TVM FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------------------- W.P.(C)No. 12210/2009 -------------------------------------- Dated this the 10th June, 2009. JUDGMENT Heard learned counsel for the petitioner and learned Standing Counsel for the Housing Board. Petitioner availed a housing loan from the 1st respondent on 13.5.1991 and had also created a mortgage in relation to 15 cents of property. There was default in the repayment of the loan and according to the petitioner, this was contributed by the fact that the entire loan which was agreed to be disbursed by the Housing Board was not so done. Petitioner has now sought for remission of interest and the benefit of One Time Settlement as evidenced by Ext.P2. Counter affidavit has been filed by the 1st and 2nd respondents. They make reference to the complaint earlier filed by the petitioner before the W.P.(C).12210/2009 2 Consumer Disputes Redressal Forum inter alia alleging deficiency on the part of the respondents herein in not disbursing the entire amount sanctioned resulting in the petitioner facing difficulties in completing construction. Complaint was dismissed. The appeal there from was also dismissed. These facts are not mentioned in the writ petition. There is no OTS scheme now in force, contends the respondents. Petitioner prays for a facility by way of remission of interest agreeing to pay the entire principal amount. Request contained in Ext.P3 may be considered, in the facts and circumstances of the case. In the result, writ petition is disposed of directing the 1st and 2nd respondents to consider the petitioner's request in Ext.P3 and if the request for W.P.(C).12210/2009 3 a remission of rate of interest is maintainable or otherwise acceptable, same shall be accepted and orders passed. This shall be done within three months from the date of receipt of a copy of this judgment. This is on condition that the petitioner pays the principal amount within one month from today. V.GIRI Judge mrcs