ASHISH GOEL Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner has sought withdrawal of the request to surrender the plot submitted on 21.11.2003 and for directing the respondents to restore the Plot No.1863, Sector 23, Sonepat by waiving off penalty, if any.

(2.) The petitioner was allotted residential plot as mentioned above vide letter of allotment dated 8.8.1991 on the tentative price of Rs.2,30,100/-. The petitioner defaulted in making payment of installments and submitted a letter on 21.11.2003 to surrender the said plot.

(3.) The grievance of the petitioner is that the plot was surrendered with condition that forfeiture amount can be 10% of the earnest money and not 10% of the tentative price. Since the petitioner has been refunded the amount after deducting 10% of the total tentative price, therefore, petitioner has a right to recall the request for surrender of the plot, which was submitted on 26.3.2004 as the acceptance is not in accordance with the offer of surrender.