PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY, NOW GREATER MOHALI AREA DEVELOPMENT AUTHORITY Vs. VIJAY KUMARI

JUDGEMENT

(1.) The case of the complainant Smt. Vijay Kumari is this. She was allotted a plot No. 57-C, Sector 69, Urban Estate, SAS Nagar out of the then Chief Minister's quota. She paid amount in the sum of Rs. 1,75,000 and Rs. 35,680 on 15.4.1996 and 30.4.1996 respectively. In the meantime, the Apex Court in Civil Writ Petition No. 26 of 1995 found that the procedure outlined by the Hon'ble Judges of the Supreme Court of India, was not followed while allotting the aforesaid plot to the complainant and others. Consequently, the OP, Greater Mohali Area Development Authority issued a show-cause notice for cancellation of allotment of the plot to the complainant. Pursuant to the show-cause notice, the plot was cancelled on 22.11.1996. Thereafter, the complainant made a representation, which was considered and the allotment of the plot was restored on 12.6.2003 and rescheduling of payment of instalments was made. The instalments were payable on 12.6.2003, 12.6.2004, 12.6.2005, 12.6.2006, 12.6.2007, 12.6.2008 and 12.6.2009. Complainant accordingly deposited all the instalments except the last instalment. On 27.3.2009, she raised the objection.

(2.) However, on 17.6.2003, the complainant got the possession of the plot and the occupation certificate was obtained on 3.6.2006. The complainant also got the No Due Certificate and the Conveyance Deed was executed in her favour on 27.3.2009.

(3.) The complainant issued a notice dated 6.2.2010 regarding the payment of interest in the sum of Rs. 2,10,680. It was explained that the allotment of the plot was cancelled on 22.11.1996. The complainant had deposited total earnest money in the sum of Rs. 2,10,680. The said amount was offered to the complainant but she refused to accept the same. The complainant was duly informed by the OPs vide letter dated 18.12.1996 that no interest would be paid on the refund cheque. She was, however, given option to obtain the cheque from the office of petitioner. The petitioner filed the complaint before the District Forum in May, 2010. The District Forum vide order dated 9.7.2010 partly allowed the said complaint and directed the petitioners to pay to the respondent an amount of Rs. 1,24,458 being interest from 21.11.1996 to 12.3.2003 on the amount of Rs. 2,10,680 at the rate of 9% p.a. and also costs of litigation to the tune of Rs. 2,000.