KRISHNA KHANDELWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This first appeal arises out of judgment and decree dated 14.12.92 of the learned Additional District Judge No.2, Jaipur City, Jaipur in a Civil Suit No. 172/88 by which claim for interest as damages for delayed refund of bid amount was rejected.

(2.) The facts leading to this appeal, briefly stated, are that a suit for recovery of Rs. 41,395/- was filed before the trial Court with the averments inter-alia that rehabilitation department of State of Rajasthan (defendant respondent) under advertisement published in the daily news paper Rajasthan Patrika in which application to participate in the auction of residential plots situated at Adarshnagar near playground of Adarsh Vidya Mandir, Jaipur pursuant thereto, auction was held on 18.4.85 by the defendant department and Smt. Krishna Khandelwal (plaintiff appellant) participated in the auction and the bid offered by the plaintiff for plot No. 591 was accepted as highest bid so, she deposited Rs. 26,750/- as one- fourth amount of the bid amount on 18.4.85 adjusting Rs. 1,000/- deposited by her before the auction, with the stipulation that rest of 3/4th bid amount offered by her was to be deposited and only thereafter possession of auction plot was to be delivered to her. It has been averred in the plaint by her that by a letter dated 17.5.86 the defendant department informed her that since the bid offered by her in the auction was much below the auction rate of plot in question fixed by the department, her bid was not approved and accepted and thereby Rs. 26,750/- lying as deposit towards 1/4th bid amount was directed to be refunded to her.

(3.) The case pleaded in the plaint on behalf of the plaintiff was that aforesaid 1/4th bid amount was lying deposited and withheld from 18.5.85 to 17.5.86 (date of communication), unnecessarily without any justification or cause shown by the department and, therefore, she claimed that she was entitled to interest @ 18% per annum as well as damages for such delayed refund of the bid amount and thus decree for Rs. 41.395/- was sought in the suit.