ATULYA CHARAN DEBATA Vs. CAPITAL URBAN HOUSE BUILDING COOPERATIVE SOCIETY LTD

JUDGEMENT

(1.) THE grievance of the petitioner in this complaint is that although a sum of Rs. 45,260 towards the price of the plot was received by the opposite party it failed to deliver possession of the plot.

(2.) BRIEFLY stated, the case of the petitioner is that in the year 1992 the opposite party advertised stating that L.I.G. plots would be made available in Dumduma plotted scheme. Being allured by such advertisement the petitioner s wife became a member of the Society and submitted her application for allotment of a plot. By letter dated 5.6.1993, she was asked to deposit a sum of Rs. 31,155. Later she was asked to deposit further amount of Rs. 10,385 which she did. It appears from Annexure -6 that the petitioner deposited total sum of Rs. 45,260. Later the petitioner requested the opposite party to transfer the ownership of the plot in his name. His prayer was allowed. Despite such payment the opposite party did not deliver possession of the plot. The petitioner visited the area and found that no infrastructure had been done and the entire area appeared to be agricultural land. Later the opposite party informed him that the plot would be handed over to him after change of management which was superseded. In the circumstances the petitioner thought that there was no possibility of getting any plot and he wanted refund of the amount deposited by him. As there was no response on behalf of the opposite party, he filed the complaint.

(3.) CONSIDERING the facts and circumstances, we direct the opposite party to refund Rs. 45,260 with interest thereon at the rate of 9% per annum from the date of filing of the complaint (17.6.2002) till payment. The liability of the opposite party to pay interest cannot be questioned because of the fact that had the petitioner deposited the amount in a Bank he would have got interest on the said amount. The opposite party is directed to comply this order within eight weeks of receipt of the order failing which it shall pay interest at the rate of 12% per annum from the date of filing of the complaint 17.6.2002 till payment.