PUNJAB URBAN DEVELOPMENT AUTHORITY Vs. INTER PAL SINGH

JUDGEMENT

(1.) Petitioner Punjab Urban Development Authority & Anr. (for short 'PUDA') is aggrieved by the order of the State Consumer Disputes Redressal Commission, UT Chandigarh, which in turn upheld the order of the District Forum awarding interest @ 18% per annum on the amount of Rs. 3,000/- deposited by the respondent-complainant on 25.10.1989 and refunded on 23.7.1996 by PUDA without any interest. The interest was directed to be payable after two years from the date of deposit.

(2.) Punjab Housing Development Board, predecessors of PUDA gave an advertisement in various newspapers in observance of 'World Habitat Day' on 2nd October, 1989 for launching a scheme on the theme of "Shelter, Health and Family". Under this scheme a demand survey was to be conducted in various towns of the State of Punjab including town Dera Bassi. This demand survey was for social housing to assess requirements of free hold built up houses on 'higher purchase basis' and on 'attractive terms', closing date by which persons desirous of acquiring house was October 31, 1989. Tentative price of one room, kitchen, bath and WC was fixed at Rs. 60,000/- and registration amount payable with application was Rs. 1,000/-; for two rooms tenement, the tentative price was Rs. 1,60,000/- and amount of registration was fixed at Rs. 2,000/-; while in the case of 3 bed rooms tenement the tentative price was Rs. 3,00,000/-. Applications were to be made on the form prescribed which could be obtained on payment of Rs. 10/- as fee, if made in cash and otherwise Rs. 20/- if payment was made by way of Bank draft/postal order. One of the terms for the person applying, was that he should not own either himself or spouse or dependent children house or plot in the urban estate or in the colonies established by the Urban Housing Development Board, Improvement Trusts, Municipal Corporations/committees or colonies set up under the Punjab Regulation of Colonies Act, 1975. Minors were also not eligible. It was also mentioned in the advertisement that those who had already registered for the towns mentioned in the advertisement should send fresh applications along with Bank draft of balance amount, if any. It was specifically mentioned that 'no interest on registration fee shall be payable'. Lastly it was mentioned that the Punjab Housing Development Board "reserves the right to modify or abandon any scheme". Respondent in the present case as noted above, submitted his application on 25.10.1989. By letter dated 23.9.1996 this amount was refunded by PUDA to the respondent stating that it was "earnest money" that was being refunded. On 30.7.1996 respondent wrote to PUDA demanding interest for keeping his money all this period. No reply was given by PUDA, which led the respondent to file a complaint in the District Forum on 24.8.1998. In the reply to the complaint in the District Forum, the only ground of the PUDA was that survey envisaged for getting information of the prospective applicants and that respondent had applied under the Demand Survey Scheme and had deposited a sum of Rs. 3,000/- as registration fee. It was further stated that the scheme did not materialise and was later on abandoned and since right was reserved with the PUDA to modify or abandon the scheme the amount of Rs. 3,000/- was duly refunded. This and other connected complaints raising similar grievance were allowed by the District Forum by order dated 4.7.2000. Cost of Rs. 550/- was also awarded to the respondent.

(3.) Not satisfying with the order of the District Forum, PUDA went in appeal to the State Commission which by its order dated 20.12.2000 upheld the order of the District Forum. However, no cost was awarded while dismissing the appeal.