- (1.) The petitioner has claimed a writ in the nature of mandamus directing the respondents to hand over the possession of Plot No.146, Sector 15, Urban Estate, Jagadhri.
(2.) The case has chequered history. The petitioner was allotted the aforesaid plot on 23.8.1991, but the possession was not delivered allegedly on the ground that development works in the area were not completed. The petitioner filed a complaint under Section 12 of the Consumer Protection Act, 1986 before the District Consumer Disputes Redressal Forum (for short 'the Forum') on 26.7.2000. Such complaint was decided on 23.11.2000. It was found that since the development works of the Sector were not completed and possession was not delivered, it was unjust and unfair with the respondents to withhold the amount of complainant. Thus, a direction was issued to refund the amount along with interest thereon. The relevant extract from the order reads as under:- "3. Arguments heard with the help of the learned counsel for the parties and have gone care fully through the material placed on the file. We, all of the firm view that when the plots were in litigation and the development of the sector was not completed and the possession is not delivered to the allottees, it was unjustify and unfair with the respondents to withheld the amount of the complainant merely to earn interest thereon. The said act of the respondents is unfair malafide and deficient. We have also gone through the case law R.K. Goel Vs. HUDA mentioned inthat no deduction can be made by the respondents rather the respondents are liable to pay interest along with refund of entire amount deposited by the complainant. 4. In our opinion that this case of the complainant is on strong footings and is well proved from the facts on the file. It is clear that the respondent has acted negligently qua the complainant. The complainant is therefore, allowed for the following relief :- 1) The complainant is entitled for the refund of his entire amount paid by him upto date. 2) The complainant would also been entitled to the interest @ 10% per annum from the date of each deposit of his instalments till the date of payment. The respondents are directed to comply with this order within clear 30 days from the date of this order otherwise, penal action under Section 27 of the Act shall be initiated against the respondents. File be consigned to the record room."
(3.) The appeal against the said order was preferred by the respondents herein, was dismissed on 22.3.2007 inter alia on the ground that sufficient cause is not made out for condoning the delay in filing the appeal.;