PRITAM SINGH RANA Vs. STATE OF HARYANA

JUDGEMENT

(1.) In respouse to an advertisement issued by the respondents issued by the Housing Board, Haryana (hereinafter referred to as the respondents), petitioner deposited/paid a sum of Rs. 1970/- as earnest money through DD No. 584801 dated 21.4.1981 on account of registration of M.I.G./G.F. Faridabad. This amount was duly received and receipt No. 102620 dated 14.5.1981 was sent to the petitioner along with letter dated 10.6.1981 by respondent No.2.

(2.) No house/plot was allotted to the petitioner and vide letter datd 19.1.1982. Petitioner made request to respondent No. 2 for the refund of earnest money which had been deposited by him. Petitioner as per the directons given by the Board in its letter dated 21.1.1982, had sent an advance receipt duly stamped to the Board. The amount of earnest money of Rs. 1970/- has not been refunded to the petitioner in spite of several notices issued to the Board and as a last resort, the present writ petition has been filed claiming the refund of earnest money deposited by the petitioner along with interest.

(3.) No written statement has been filed on behalf of the respondents. Taking the facts to be correct; having not been rebutted, the petitioner is entitiled to the directions prayed for. The Board-respondent No. 2 has no legal authority to retain the earnest money deposited by the petitioner as no flat/house has been allotted to the petitioner and the petitioner is entitled to the refund of the amount of earnest money. Petitioner is also entitled to interest on the disputed amount as he has been deprived of the use of his money illegally retained by the Board-respondent No. 2. Accordingly, respondents are directed to pay the amount of earnest money of Rs. 1970/- along with interest at the rate of 12% per annum with effect from 19.1.1982 when the petitioner made the request for the refund of his amount for the first time till the date of payment to the petitioner. The amount with interest be paid within a period of two months from today. Thsu, the writ petition stands allowed with no order as to costs.