HUDA Vs. SANTOSH KUMARI

JUDGEMENT

(1.) RESPONDENT/complainant was allotted a plot by the petitioner vide its letter dated 4.9.1991 for tentative price of Rs. 1,17,480. The respondent kept on paying instalments towards the price of the abovesaid plot regularly as per terms and conditions of the allotment letter. However, the petitioner failed to deliver the possession of the plot to the respondent due to the reason that the land underneath the plot was under litigation and stay was granted by the Civil Court. As the possession was not being given, respondent sought refund of the amount deposited by her towards the price of the said plot. Petitioner refunded the amount after deducting 10% from the same. Aggrieved by this, respondent filed a complaint before the District Forum.

(2.) DISTRICT Forum vide is order dated 12.2.2002 allowed the complaint and directed the petitioner to refund the deducted amount of Rs. 11,748 to the complainant along with interest @ 12% p.a. from the respective dates of instalments till the payment. Costs were assessed at Rs. 500.

(3.) AGGRIVED against the order passed by the District Forum, petitioner filed an appeal before the State Commission which has upheld order of the District Forum.