PUNJAB URBAN DEVELOPMENT AUTHORITY Vs. DARSHAN SINGH SEHGAL

JUDGEMENT

(1.) Punjab Urban Development Authority (PUDA) - opposite party is in revision. It is aggrieved by the order dated 2-6-2000 of the Punjab State Consumer Disputes Redressal Commission dismissing its appeal and upholding the order of the District Forum on a complaint filed by the respondent. District Forum had directed payment of interest @ 10% per annum on the amount of Rs. 8,000.00 deposited by the respondent-complainant as earnest money for allotment of plot to him, from the date of deposit till payment.

(2.) Complainant on the basis of advertisement given by PUDA applied for a plot of land measuring 400 sq. yards. That was in April, 1990. Under the terms of the advertisement a successful candidate was to be allotted plot and those who were unsuccessful could ask for refund of their earnest money or could ask that their name be considered in the next draw of lots. It was also given in the advertisement that PUDA would float at least one residential sector every year and all the applicants who had applied upto 1990 would be allotted plots and till they were not offered plots no fresh applications would be entertained. It is also mentioned that the applicant would be entitled to interest @ 10% per annum on the earnest money. On the basis of advertisement complainant deposited Rs. 8,000.00 with PUDA. No allotment was made till Dec., 1997, the date filing of the complaint. Then complainant was informed that the applicants who were not successful, in the draw of lots they would be required to pay the price of the plot @ Rs. 2000.00 per sq. yard and unsuccessful candidates were again given option for refund of the earnest money.

(3.) Complainant alleged that although he was not successful in the first draw of lots yet he was entitled to be considered for the subsequent draw of lots as the PUDA was under obligation to float at least one scheme every year and that the complaint be allotted plot at the old rate. He, therefore, sought direction for refund of the earnest money and to be included in the future draw of lots. Complainant also claimed damages.