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december 2006

Supreme Court of India · 2006-12-08

SITA DEVI vs BIHAR STATE HOUSING BOARD .

Citation / case number
SC 2005/17528
Court
Supreme Court of India
Petitioner
SITA DEVI
Respondent
BIHAR STATE HOUSING BOARD .
Bench
S.B. SINHA & MARKANDEY KATJU

Judgment text excerpt

The Supreme Court ruled that under the Bihar State Housing Board Act, the appellant is entitled to a full refund of the amount deposited for a flat, along with interest at 18% per annum from the date of deposit until payment. The Court emphasized that the respondent's failure to construct the flat within a reasonable time constituted a breach of duty, and the deduction of 20% from the refund was unjustified. The Court held that public authorities must act fairly and cannot impose penalties on applicants for their own delays.

SITA DEVI vs BIHAR STATE HOUSING BOARD . · Niyam