HUDA Vs. BHAGWAN DASS

JUDGEMENT

(1.) The Haryana Urban Development Authority appeals against the order of the District Forum, Gurgaon granting the marginal relief of interest @ 12% for a period of 8 to 9 months on the deposited amount of the respondent-consumer.

(2.) Plainly enough the matter is in a narrow compass and the facts may be noticed with utmost brevity. Admittedly the respondent had applied for the allotment of a plot in a scheme projected by the appellant and along with the same had deposited the requisite amount of Rs.9,9007way back in 1990. In the draw of lots that followed the respondent was not successful and it was his grievance that despite his presistent visits to the office of the appellant for seeking the refund of the aforesaid amount, the same was not done. Unable to get redress, he preferred the complaint to claim the same with interest and compensation to the tune of Rs.10,000/-. The appellant in its reply admitted the broad matrix of facts including the deposited amount and the fact of the respondent having been unsuccessful in the draw of lots. It was however, the stand that a cheque dated the 26th of September, 1990 was mailed to the address of the respondent. But the postal envelope was returned back undelivered because of a change of the address of the respondent. The relevant documents of the phototstat copy of the cheque and the covering letter were also placed on the record.

(3.) The District Forum on the basis of the materials before it, held that the appellants were not in serious default in so far as the refunded amount had remained undelivered to the respondent for a plausible reason. However, it took the view that despite full notice of the claim in November 1992, the appellants had defaulted in tendering the amount due to the respondent and consequently granted the relief noticed at the very out-set.