- (1.) The petitioner has sought refund of the amount, as price of the plot allotted, deposited by the petitioner along with interest at the rate of 18% per annum.
(2.) The petitioner responded to an advertisement inviting applications for sale of Industrial Plots in Sector 37, Gurgaon. In terms of the said advertisement, the petitioner applied for a plot measuring 2100 Sq. meters vide application dated 05.12.1997 along with demand draft of Rs. 6,27,900/-. The petitioner was successful in draw of lots and a provisional letter of allotment was issued on 16.10.1998 allotting Industrial Plot No. 712 P, Sector 37, Gurgaon at the rate of Rs. 3289/- per square meter. The petitioner was required to deposit another sum of Rs. 10,98,825/- within 30 days to complete 25% of the tentative price of the plot and the balance 75% i.e. Rs. 51,80,175/- could be paid in lump sum without any interest or in installments with 15% interest per annum. The petitioner deposited Rs. 69,06,900/- by 08.01.1999 and thus, complied with the conditions of deposit of the sale consideration.
(3.) The grievance of the petitioner is that the respondents did not hand over physical possession of the plot, which is evident from the communications Annexure P-4 to P-7. The petitioner was informed on 12.03.2004 that the provisional letter of allotment stands withdrawn vide memo dated 27.11.2000 and hence, no physical possession could be given to the petitioner. Thereafter, the petitioner invoked the writ jurisdiction of this Court on 28.11.2004.;