MUSSOORIE DEHRADUN DEVELOPMENT AUTHORITY Vs. NEERAJ JAIN

JUDGEMENT

(1.) This is an appeal by Mussoorie Dehra Dun Development Authority, Dehra Dun against the judgment and order dated 8.12.1993 passed by the District Forum, Dehra Dun.

(2.) The brief facts of the case are that the complainant had booked a flat and deposited the registration and allotment amount. The scheme was abandoned for unavoidable reasons. On 11.3.1993 the complainant himself called for his deposits which were returned to him along with 5% interest on 20.4.1993. On 17.6.1993 he filed the complaint for additional interest. The learned Forum has allowed simple interest @ 15% from the date of deposit till 20.4.1993.

(3.) According to the Rule 9.10 of the brochure issued for M. D. D. A. s Housing Schemes, those applicants, who have not been allotted houses, will be returned their registration amount without interest, if the period of deposit of such money with M. D. D. A. is less than one year. Under Rule 9.20 it is said that if the period of deposit was for a period more than one year, such applicants were entitled to get simple interest @ 5%. According to the appellant, the complainant was entitled to get 5% interest only.