HARYANA URBAN DEVELOPMENT AUTHORITY Vs. WING COMMANDER RAVINDER KUMAR AHUJA

JUDGEMENT

(1.) THIS appeal is preferred against the order dated 28.3.2002 passed by the District Consumer Disputes Redressal Forum, Gurgaon whereby the complaint of the respondent -complainant has been accepted and appellant -opposite party has been issued direction to refund the earnest money deposited by the complainant after deducting 10% amount, with interest @ 15% p.a. from the date of deposit till the date of payment.

(2.) THE admitted facts of the case are that the complainant was allotted plot No. 1037 measuring 14 Marlas located in Sector 38, Urban Estate, Gurgaon vide allotment letter No. 525 dated 23.12.1999 @ Rs. 5,400 per sq. yard. The complainant deposited Rs. 1,84,711 along with the application for allotment of plot in the month of February, 1999. However, the complainant failed to deposit 15% amount to the tune of Rs. 2,77,066.50 within the stipulated period of 30 days from the date of issue of the allotment letter and as such the allotment was cancelled and the earnest amount deposited by the complainant was forfeited as per HUDA policy. The complainant filed appeal before the Administrator, HUDA, Gurgaon which was dismissed. Thereafter, the complainant filed appeal/representation before the Chief Administrator, HUDA, Panchkula and the plot in question was restored to the complainant and direction was issued to the complainant vide memo No. 2614 dated 14.2.2001 to deposit 15% amount towards the price of the plot along with 15% surcharge and 18% interest within 15 days. The complainant failed to comply with the aforesaid order and hence allotment was cancelled.

(3.) AGGRIEVED against the forfeiture of 10% earnest money, the complainant filed the present complaint.