HARYANA URBAN DEVELOPMENT AUTHORITY Vs. SNEH GOYAL

JUDGEMENT

(1.) THIS appeal received by transfer from Haryana State Commission, under the orders of Hon ble National Commission has been filed against order dated 30.4.2002 passed by District Consumer Disputes Redressal Forum, Sirsa in complaint case No. 2811/2001. The contextual facts in brief are as under.

(2.) AS per averments, the respondent/complainant applied for allotment of 10 marlas plot vide application No. 8331 in Urban Estate, Hisar Sector Police Line, HUDA and deposited the earnest money of Rs. 49,267 on 21.1.2000 in cash. The amount was duly accepted by the appellant/OP and the registration No. BHSR01737 was allotted to the complainant. It is alleged by the complainant that the appellant/OPs without informing the complainant secretly held a draw on 16.8.2000. The complainant contacted OP No. 2 to enquire about the fate of her application, whereupon the complainant was informed that she has been unsuccessful in the allotment of the plot in the above mentioned draw. It has been averred by the complainant she requested the OPs to refund her earnest money but the matter was put off under one pretext or the other. It is prayed that OPs be directed to refund the amount, which has been withheld without any justification.

(3.) IN the written statement filed by the OP, it is submitted that all the applicants including the complainant were informed about the date of draw through publication in the newspapers/advertisements, in addition to individual intimation through correspondence as per HUDA rules and procedures. The amount paid by the complainant was refunded to her vide cheque No. 639637 for Rs. 49,267 on 30.3.2001 and the same was confirmed to have been duly received by the complainant on 11.4.2001. It is submitted that refund amount were sent to the complainant along with other unsuccessful applicants. Since the amount in question was not received by the complainant nor returned to the OPs the courier company was questioned about the non -delivery of the same vide memo No. 1351 dated 14.2.2001 but it did not yield any result. The duplicate cheque could be issued only on submission of original refund amount on receipt of list of unpaid orders from the bank concerned. Since the list of unpaid refund orders was received by the OPs on 29.3.2001 after making the correspondence with the bank authorities the duplicate cheque was issued to the complainant on 30.3.2001 for the amount paid by her i.e. Rs. 49,267. It is further submitted that cheque in question was sent through a special messenger from the office of Estate Officer, HUDA, Sirsa on 3.4.2001. Other allegations are denied.