- (1.) THIS is an appeal against the order dated 25.5.1999 passed by the District Forum, Haridwar whereby the complaint of the complainant was allowed for refund of the deposit made by the complainant along with interest @ 15%. The appellant has further been directed to pay a compensation of Rs. 5,000/ - and cost of litigation of Rs. 1,000/ -.
(2.) THE brief facts of the case are that the complainant had applied for allotment of a house in Roorkee. He deposited a sum of Rs. 5,000/ - on 12.2.1988. Till 1996 the scheme was not carved out. In 1996 there was a publication that a person who is interested in refund should apply by 30.11.1996. The complainant applied on 14.11.1996 for the refund of his amount but he has neither been allotted a house, nor any amount was refunded to him. Therefore, he filed the complaint.
(3.) THE appellant filed written statement and admitted that the scheme could not be successful, therefore, the amount was to be refunded and the complainant was entitled to refund along with interest @ 6% as published in the brochure. However, the complaint was filed on 27.2.1997 and it is on 10.6.1997 that a sum of Rs. 7,755/ - has been deposited by the complainant, which has been received by the complainant. This deposit was made after the institution of the complaint and, therefore, definitely it cannot be said to be a discharge, otherwise the parties should have got the complaint dismissed then and there.;