JASVIR CHAUDHARY Vs. CHANDIGARH HOUSING BOARD AND ANOTHER

JUDGEMENT

(1.) The order passed by the learned Single Judge dismissing the writ petition has been challenged by filing the present intra-court appeal.

(2.) In the case in hand, the appellant was an applicant for allotment of two bedroom dwelling unit under Self Financing Scheme 2016 on lease hold basis. Her husband had also applied independently. As per the terms laid down in the brochure, independent applications could be filed by husband and wife, however, in case of allotment only one could retain the allotment and other was to be surrendered within 30 days from the date of draw of lots.

(3.) Draw of lots was held on two different dates i.e. 10.06.2016 and 25.07.2016. Immediately after the second draw of lots, as the husband of the appellant was successful, an application was filed for surrender of allotment in favour of the appellant on 10.08.2016. As per condition No.3 I (iv) as contained in the brochure, in case application for surrender of dwelling unit is filed within 30 days from the date of draw of lots, initial deposit was to be refunded without any forfeiture. Despite the fact that surrender of the allotment made in favour of the appellant was made within 30 days from the date of draw of lots, the respondent deducted 25% of the amount i.e. Rs. 1,72,500/-. The appellant filed application under Section 22C of the Legal Services Authorities Act, 1987 before the Permanent Lok Adalat (Public Utility Services) U.T., Chandigarh. The same was allowed vide order dated 26.09.2017, which reads as under:-