IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 2565 of 2007 DATE OF DECISION: December 17, 2008 Haryana State Public Enterprises Cooperative Group Housing Society, Gurgaon. …Petitioner Versus Haryana Urban Development Authority and another …Respondents CORAM: HON’BLE MR. JUSTICE M.M. KUMAR HON’BLE MR. JUSTICE JORA SINGH Present: Mr.Vishal Gupta, Advocate, for the petitioner. Mr. Sikander Bakshi, Advocate, for the respondents. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. The petitioner, which is a Cooperative Group Housing Society, is aggrieved by charging of interest from the date of allotment of Plot on 7.7.1993 whereas according to the stipulation made in clause 3 of the allotment letter, the interest is to accrue from C.W.P. No. 2565 of 2007 the date of offer of possession. According to clause 3 of the allotment letter dated 7.7.2003 (P-1), a clear stipulation has been made that the balance amount of Rs. 18,30,000/- of the tentative price of the site could be paid in lump-sum without interest within 60 days from the date of issuance of letter of allotment or in five equal annual instaments alongwith interest at the rate of 15% per annum provided that first instalment is payable on the expiry of one year from the issue of allotment letter. The interest is to accrue from the date of offer of possession. 2. The petitioner has also raised another issue of adjusting rebate of 10% as per clause 6(ii) of the letter of intent, dated 9.10.1991 (P-2). According to the aforementioned clause rebate of 10% is admissible on the price of the land and it is to be adjusted towards future instalments if an allottee completes construction of project within four years of the date of offer of possession. It remains undisputed that the petitioner has completed the construction by 10.2.1998 whereas the possession was delivered to it on 22.5.1994. The occupation certificate was issued on 19.2.2008. The Consumer Disputes Redressal Commission, Union Territory, Chandigarh, has already held the petitioner entitled to 10% rebate alongwith interest @ 9% per annum, vide order dated 24.1.2003 (P-5). 3. The petitioner sought information under the Right to Information Act, 2005. On 8.5.2007, it has been communicated that interest on instalments has been charged from the date of allotment 2 C.W.P. No. 2565 of 2007 which is chargeable after the expiry of one year from the issuance of letter of allotment as per condition laid down in the letter of intent. 4. In view of the aforementioned clear factual position it is evident that the principle for calculating interest is from the date of allotment i.e. 7.7.1993 and not after the expiry of one year from the issuance of allotment as per the conditions stipulated in the letter of allotment. 5. After hearing learned counsel for the parties at a considerable length and perusing the paper book with their able assistance, we are of the considered view that a direction deserves to be issued to the respondents to re-calculate the interest in accordance with clause 3 of the allotment letter by postponing the calculation of interest by one year from the date of allotment letter issued on 7.7.1993. With regard to rebate, adjustment should have been in respect of instalments payable subsequent to February 1998. Accordingly, a direction is issued for making adjustment by granting 10% rebate on instalments subsequent to February 1998. The needful shall be done within a period of two months from the date of receipt of a certified copy of this order. 6. The writ petition stands disposed of in the above terms. (M.M. KUMAR) JUDGE (JORA SINGH) 3 C.W.P. No. 2565 of 2007 December 17, 2008 JUDGE Pkapoor 4