G D A Vs. SHREE CHANDRA TRIPATHI

JUDGEMENT

(1.) This appeal arises out of an order passed by the State Commission allowing the complaint filed by the respondent/complainant.

(2.) Briefly the facts of the case are that the complainant applied for allotment of 500 metres of land in colonies like Vaishali. Kaushambhi and Indrapuram in January, 1991 for the purpose of construction of a Nursing Home for which he deposited Rs. 50,000 as earnest money in March, 1991. A plot was allotted in July, 1991, under Indrapuram Scheme, total cost of which was Rs. 13.20 lakh.

(3.) In February, 1992. the complainant was informed that possession can be given after his depositing the full cost of Rs. 13.20 lakh. On inquiries once the complainant came to know that there has been no development of Indirapuram Scheme, he approached the appellant, having earlier failed in his attempt to get allotment of a plot in Kaushambhi/Vaishali now asked for cancellation and refund of amount along with interest @ 24%. Failing to get any response from the GDA the complainant filed a complaint before the State Commission who after hearing both the parties directed the appellant to refund the amount of earnest money of Rs. 50,000, along with interest @ 10% p.a. It is against this order that the appeal has been filed.