PUNJAB URBAN DEVELOPMENT AUTHORITY Vs. VIKRAM SINGH

JUDGEMENT

(1.) We have heard Mr. Rajesh Sood, learned Counsel for the appellant in all these bunch of appeals bearing No.700 to 710 all of 2003 and have perused the order dated 22.8.2003 passed by the District Consumer Disputes Redressal Forum-I [for short hereinafter referred to as the District Forum] in Complaint Case No.813 of 2002. The facts have been taken from the said complaint.

(2.) The respondent/complainant after going through the advertisement appearing in the newspapers inviting application by the appellant-Punjab Urban Planning Development Authority [for short hereinafter referred to as PUDA] for allotment of residential plots of different sizes in developed Sector Nos.68 to 71 in SAS Nagar, applied for allotment and deposited a sum of Rs.2,75,000/- being the 10% of the amount of the plot as earnest money. Out of the amount of Rs.2,75,000/-, a sum of Rs.2,47,000/- were advanced by the Banker HDFC charging interest @ 2.5% per annum. The appellant-PUDA withheld the draw of lots and ultimately withdrew the scheme and sent an advertisement in that regard to the newspapers. The appellant suo motu did not pay the amount deposited by the respondents/complainants which led to the filing of the Complaint Case Nos.813 to 821 all of 2002, 102 and 103 both of 2003 seeking refund of the amount after deducting processing fee of Rs.500/- and claiming interest on the earnest money.

(3.) The District Forum allowed the complaints and directed the appellant/o. Ps.- PUDA to pay interest @ 9% per annum on the amount refunded from the date of deposit till its actual payment. The date of refund was deemed to be 31.8.2002 as neither the appellant nor the complainant/respondent furnished the actual date of refund. A sum of Rs.1,000/- was also awarded as token compensation for losses suffered including the costs of complaint.