JOGINDER SINGH Vs. CHIEF ADMINISTRATOR

JUDGEMENT

(1.) THIS revision petition has been filed by Shri Joginder Singh who is the original complainant. He purchased a MIG flat No.2571 in Sector -15 (Part -II), Sonepat from the respondent Board. An allotment letter was issued on 7.3.2002 to the petitioner with a total price fixed at Rs.8 lakh out of which the petitioner deposited Rs.4,92,013/ -. Later on vide his letter dated 27.9.2003 the petitioner surrendered the flat and requested the respondent Board to refund the deposited amount. The respondent sent a cheque dated 26.4.2004 for Rs.2,45,994/ - which was sent back by the petitioner. The respondent again sent the cheque to the petitioner vide its letter dated 6.7.2004. The petitioner, however, requested for the remaining amount but the respondent pointed out that the remaining amount had been deducted as per rules on account of the surrender.

(2.) FEELING aggrieved by the response of the respondents, the petitioner filed a complaint before the District Forum for refund of the entire amount deposited by him. Upon notice, the opposite parties resisted the claim of the complainant stating that the complainant had surrendered the flat and hence the respondent Board had refunded the amount of the deposit after making deductions as per the policy of the Board.

(3.) ON appraisal of the pleadings and evidence adduced by the parties, the District Forum, vide its order dated 30.5.2005, accepted the complaint of the petitioner by granting the following relief: -