Altamas Kabir, J. - (1.) Civil Appeal Nos. 7726 to 7730 arise out of a common order dated 18th September, 2001, passed by the National Consumer Disputes Redressal Commission in respect of Revision Petitions Nos. 1056, 1057, 1058, 1136 and 1055 of 2001. Special Leave Petition (C) No. 7280 of 2002 arises out of a similar order of the National Commission dated 7th November, 2001, passed in Revision Petition No. 1743 of 2001. Since the five appeals arise out of a common order of the National Commission and the issue involved in the special leave petitions is the same, all the six matters were taken up for hearing and final disposal together. Leave is granted in Special Leave Petition (C) No. 7280 of 2002.
(2.) As will appear from the materials on record, in 1989 the Punjab Urban Planning and Development Authority (hereinafter referred to as the "PUDA", the appellant herein, invited applications from persons who wished to acquire Higher Income Group (Single Storey) category houses at Phase IX SAS Nagar. Interested applicants were required to deposit a sum of Rs.4,000/- while making such application. In the advertisement inviting applications, it was categorically mentioned that no interest would be payable on the earnest money. About 5416 applications were received by PUDA in response to the said advertisement and draw of lots for houses immediately available in Phase IX SAS Nagar was held on 10th November, 1989. According to PUDA, the information sheet, Supplied along with the prescribed application forms, made it clear that allotment of houses would be made on the basis of draw of lots and that the deposit of earnest money would not create any vested right of allotment to any of the applicants. According to PUDA, earnest money was refunded to those unsuccessful applicants who desired that their earnest money be returned to them. However, out of the unsuccessful applicants, 1965 applicants did not seek refund of their earnest money.
(3.) It transpires that in 1991 the Department of Housing and Urban Development of the Government of Punjab was merged with the Punjab Housing Development Board. In 1995, the Punjab Housing Development Board which had been constituted under the Punjab Housing Development Board Act, 1972, was abolished by virtue of the provisions of the Punjab Regional and Town Planning and Development Act, 1995 (hereinafter referred to as "the 1995 Act"). The Punjab Urban and Development Authority was thereafter constituted with effect from 1st July, 1995, under the provisions of the 1995 Act and was given the responsibility for the effective and planned development of housing schemes and for undertaking Urban Development and Housing Programmes for establishing new towns in the State of Punjab. It appears that on account of non-availability of suitable land with PUDA, no High Income Group Scheme could be formulated for construction of Higher Income Group houses between 1989 and July, 1996.;