PUNJAB URBAN DEVELOPMENT AUTHORITY Vs. GURDEEP SINGH SABHARWAL

JUDGEMENT

(1.) This appeal has been filed by Punjab Urban Development Authority through its Addl. Chief Administrator, PUDA, Mohali against order dated 19.12.2000 in Complaint Case No.506 of 1998 passed by the District Consumer Disputes Redressal Forum-I, U. T. , Chandigarh (for short hereinafter to be referred as the District Forum-I); Sh. Gurdeep Singh Sabharwal, House No.3283, Sector 19-D, Chandigarh V/s. The Chairman, Punjab Housing Development Board, Sector 17-D, Chandigarh and The Asstt. Estate Officer-3, Punjab Urban Development Authority, Phase-I, Mohali (Punjab ).

(2.) The facts narrated briefly are as under: sh. Gurdeep Singh Sabharwal deposited Rs.4,000/- for an HIG Type II House in Mohali, Punjab vide receipt No.11773 on 15.10.1980 with the appellant/o. Ps. Punjab Housing Development Board and was allotted Registration No.804 for the same. As per averments made in the complaint, the appellants/o. Ps. did not respond to any of his communications asking about the status of his application. The punjab Housing Development Board now PUDA vide their letter No. PHB-Allot-A-1-91/26720 dated 25.11.1991 informed him that as per policy of the Board his application will be considered along with the other applicants. In spite of this, the respondent/complainant has averred that he did not receive any response from them. Another letter dated 31.3.1993 was written by respondent/complainant, a copy of which has been brought on record requesting the appellant authorities to consider his name for the allotment, in the subsequent draws. The appellant vide its letter No. PUDA-97/6468 dated 18.3.1997 informed the respondent/complainant that the earnest money of Rs.4,000/- deposited by him on 15.10.1980 is being refunded. However, the respondent/complaint has stated that the amount has still not been received by him till date. The respondent/complainant has alleged that the Assistant Estate officer, PUDA vide its communication dated 5.3.1997 wanted to examine the receipt of the money deposited by the respondent/complainant which was supplied vide letter No. CF/5029/97 dated 17.11.1997 but the needful was not done. It was further alleged that the respondent/complainant had to wait for 18 years and still the house was not allotted to him. Since the prices of dwelling units have gone up considerably, the respondent/complainant has averred that he has been put to financial loss due to this deficient act of applicant/o. Ps. The respondent/complainant has prayed for a direction, to be issued to PUDA to allot the house applied for by the respondent/complainant.

(3.) In the reply filed by the O. Ps. PUDA through the Estate Officer, PUDA, Mohali, a preliminary objection regarding the non-maintainability of the complaint has been raised. The O. Ps. have admitted the factum of deposit of Rs.4,000/- by the respondent/complainant and have averred that applicant's name was considered in the draw of lots held in 1989. Further the appellants/o. Ps. have averred that no right has accrued to the respondent/complainant by mere depositing the registration amount of Rs.4,000/- and the applicant's name was considered at the time of draw of lots held by them and it has been clarified in the advertisement itself that the deposited amount shall not carry any interest. Further the appellant/o. Ps. have averred as the aforesaid amount was sent through not delivered to the respondent/complainant by a cheque, hence there is no ground for the maintenance of this complaint.