JANPAD PANCHAYAT DURG Vs. TEJBHAN SADHWANI

JUDGEMENT

(1.) These appeals under Sec.15 of the Consumer Protection Act, 1986 arise from common order dated 28.11.2002 in Case Nos.322/2002, 323/2002, 324/2002, 325/2002, 328/2002, 329/2002, 330/2002, 331/2002 and 267/2002 of the District Consumer Disputes Redressal Forum, Durg (hereinafter called as 'district Forum' for short), whereby the said complaints were allowed and interest @ 18% per annum on the amount deposited by the complainants with the respondents was granted. Since common questions are involved in all these appeals, they are being disposed of by this common order.

(2.) The facts no longer in dispute are : that the respondent Janpad Panchayat, Durg issued advertisement in the newspapers that it proposes to construct 24 shops on G. E. Road, Durg, and invited applications for allotment of shops in the said scheme. It was promised that allotment shall be made on 'first come, first served' basis. The complainants/respondents submitted their applications along with the prescribed registration fee for allotment of shops in response to the above advertisement. The respondent Janpad Panchayat, thereafter, directed the complainants/appellants to deposit 50% of the premium amount. It is also not in dispute that the premium amount was deposited by all the complainants/appellants on 20.7.1998 or 21.7.1998, as enumerated in Para 5 of the impugned order. However, the opposite parties/appellants in their general meeting dated 6.2.2002 passed a resolution that the scheme be abandoned and that the amounts deposited by the various applicants be refunded to them. Intimation of the above resolution was given to the complainants/respondents on 7.3.2002. It is also not disputed that the amount was accordingly refunded to the complainants/respondents. However, no interest thereon was paid to them.

(3.) The complainants/respondents in their complaint claimed that as the amount deposited by them was retained by the opposite party/appellant for a considerable period of about 4 years; therefore, interest should have been awarded on the amount deposited by them with the appellant-Janpad Panchayat by way of compensation.