ABHIMANYU BHATNAGAR Vs. GHAZIABAD DEVELOPMENT AUTHORTY

JUDGEMENT

(1.) The applicant has filed a complaint under Sec.12b of the MRTP Act, 1969 wherein he has claimed a sum of Rs.74,500/- with interest @ 21% per annum from the date of its deposit till realisation, together with Rs.1,00,000/- towards damages/compensation for the mental agony and harassment caused to the petitioner on account of unfair trade practices adopted by the respondent. The applicant deposited a sum of Rs.74,500/- with the respondent on 7.4.1998 and the subsequent allotment amount and 10 instalments had to be paid by the applicant in terms of the communication sent to him on 5.7.1998. It is not in dispute that the applicant did not pay any instalment and the actual amount and which he deposited with the respondent was the registration amount of Rs.74,500/-. Due to the default committed by the applicant, the only option which was left with the respondent authority was to refund the amount consequent to the terms as contained in the Brochure. Paragraph 7 of the Brochure may be reproduced below : "normally, there is no provision of refund of registration amount before the draw of lottery. In special circumstances, this refund can be considered, but in that case 25% of the earnest money will be deducted and no interest in such case shall be payable. However, no withdrawal will be permissible before three months from the close of registration except for very special circumstances with the permission of the Vice-Chairman, Ghaziabad Development Authority. " the respondent, however, did not return the money nor took any action in terms of the above clause as contained in the Brochure. Nor the applicant deposited any further instalment for allotment of the property in his favour. In our opinion, both the parties did not follow the procedure as prescribed in the Brochure and committed defaults. In this view of the matter, we are inclined to direct the respondent to refund the amount of Rs.74,500/- which was deposited by the applicant on 7.4.1998. He is held not entitled to any interest in view of the default also committed by him in terms of the judgment of the Hon'ble Supreme Court reported as in the case of HUDA V/s. Nalini Aggarwal, 1997 10 SCC 101. In view of the above, the respondent is directed to refund the amount to the applicant i. e. a sum of Rs.74,500/- within six weeks from today. There is no order as to costs.