SURESH CHAND GUPTA Vs. HARYANA HOUSING BOARD

JUDGEMENT

(1.) Whether the Haryana Housing Board is obliged to make monetary refund to the unsuccessful applicants (for its various housing schemes) only by way of bank drafts? This has been raised as the primal question in this appeal.

(2.) The facts are not in dispute at all. The appellant applied to the Board for allotment of an MIG-II category house proposed to be built at Palwal and deposited the earnest money of Rs.4,830/- by a bank draft on the 16th of July, 1991. The draw therefor was held at Chandigarh a little after three months on the 31st of October, 1991. The applicant was duly informed on the 14th of November, 1991 regarding his failure in the draw of lots. The deposited amount was refunded to him by a cheque dated the 2nd of December, 1991 which was however, collected by the Bank and credited to the appellant's account on the 7th of January, 1992.

(3.) The complainant-appellant before the District Forum primarily urged for the payment of interest to him on the earnest money which was allegedly used by the respondents for six months. This claim was stoutly resisted by the respondents The District Forum on the appraisal of the material before it came to the conclusion that a welfare organization like the respondent-board had to handle thousands and thousands of applications which have to be duly processed and refund sent to a large number of unsuccessful bidders which is a time-consuming process. Holding that since the refund was allowed and delivered to the appellant within three months, there was no merit in his claim of interest and therefore, dismissed the complaint.