PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY Vs. SHIVBIR SINGH
LAWS(SC)-2015-8-114
SUPREME COURT OF INDIA
Decided on August 20,2015

PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY Appellant
VERSUS
Shivbir Singh Respondents

JUDGEMENT

- (1.) Civil Appeal No. 2015 of 2008.
(2.) SINCE the facts involved in the cases connected with this appeal are similar, for the sake of brevity, we will only notice the facts in Civil Appeal No. 2015 of 2008 for the purpose of disposal of these matters. This appeal is directed against the final order passed by the National Consumer Disputes Redressal Commission (in short, "the National Commission") in Revision Petition No. 14 of 2006, dated 04.10.2007, whereby and whereunder the National Commission dismissed the Revision Petition upholding the liability of the Appellants -herein for payment of interest on the amount to be refunded by the Appellant and for the payment of compensation. Briefly stated the facts in the present appeal are: Punjab Urban Planning Development (for short "the PUDA") for setting up residential Urban State, Kapurthala for the allotment of plots. PUDA had issued a brochure while inviting applications for allotment of plots, one of the conditions mentioned in the brochure was regarding the refund of the earnest money as follows: "After the draw of lots, the unsuccessful applicants shall be refunded the earnest money within 180 days from the closing date of scheme. However, 10 percent interest shall be allowed from 181st day onwards in case refund is made after 180 days. In case applicant asks for refund before the draw of lots, refund shall be allowed after deducting token amount of Rs. 500/ -"
(3.) MOST of the applicant allottees were delivered possession of the plots prior to 12.06.2002 and few were delivered possession after 12.06.2002.;


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