HEMANT GUPTA,J. - (1.) The petitioner through his attorney has invoked the writ jurisdiction of this Court challenging the action of the respondents in not transferring the flat and also sought refund of the enhanced amount deposited by the petitioner.
(2.) The petitioner-Jagdish Chander Dawar (hereinafter referred to as allottee) was allotted Flat No. 1109/29 measuring 69 square yards on the tentative price of Rs. 1,00,200/-, which was to be paid in monthly installments of Rs. 1266/- from December 1989 to December 1997. In the year 1991, there was a demand claiming additional price consequent to enhancement of land compensation due to judicial orders. The writ petition challenging enhancement was allowed and the amount of enhancement was set aside. The cost of ground floor was reduced from Rs. 1,00,200/- to Rs. 89,300/-. Since the enhanced amount was deposited, the attorney-Mulakh Raj Sehgal of the allottee sought refund of Rs. 20,500/-, which was not refunded. Subsequently, the attorney made request to adjust the amount of Rs. 20,500/- towards the monthly installments due to be paid by the allottee. Such request was declined on 14.11.1994.
(3.) The allottee applied for transfer of house in the name of Smt. Sudesh Sehgal on 25.6.1996 i.e. wife of the attorney of the allottee. The said request was not allowed for the reason that after payment of the full consideration, the transfer cannot be permitted as per the rules of the Housing Board, so communicated on 29.11.1996 (Annexure P-7). Thereafter, the petitioner invoked the jurisdiction of this Court to claim refund of the amount deposited and also direction to transfer of the house in favour of the attorney.;