CHANDIGARH HOUSING BOARD Vs. RAJESH JASPAL

JUDGEMENT

(1.) This is an appeal filed against order dated 13.3.2003 passed by District Consumer Disputes Redressal Forum-II, U. T. , Chandigarh [for short hereinafter referred to as the District Forum] in Complaint Case No.468 of 2000.

(2.) The District Forum has allowed the complaint and directed the appellant - Chandigarh Housing Board (for short hereinafter referred to as CHB) to refund the amount of Rs.9,200/- and Rs.31,170/- to the complainant with interest @ 9% per annum in the manner indicated in Para 18 of the impugned order in Sub-paras (a) to (d ). The O. Ps. were further directed to pay a sum of Rs.500/- as costs of litigation.

(3.) The respondent/complainant Shri Madan Jaspal was a member of respondent No.2 - The Chandigarh Sector 10 Cooperative House Building Society Limited (for short hereinafter referred to as the Society), 1215, Sector 8c, Chandigarh. He participated in the Scheme floated by the appellant-CHB for Group Housing Societies as member of the respondent No.2 - Society and deposited earnest money of 10% of the costs of land amounting to Rs.9,200/- @ 750/- per sq. yard fixed by the CHB vide Receipt No.157 dated 1.6.1992. The said amount was deposited by the respondent/complainant with the respondent No.2 - Society for onward transmission and deposit with the appellant-CHB. Enrolment number allotted to the respondent/complainant was 43 dated 2.6.1974. An additional amount equal to 15% of the earnest money amounting to Rs.31,170/- along with interest for delayed payment was deposited through bank draft dated 13.1.1998 by the respondent/complainant with the respondent No.2 - Society for onward transmission and deposit with the CHB. It was alleged that the appellant - CHB vide letter dated 16.4.2000 issued under Endorsement No. HB/cao/so-III/20000/9948 informed the respondent No.2 - Society that instead of allotment of plots, only multi-storeyed flats would be allotted to the members of the O. P. No.2- Society. On receipt of this communication, the complainant/respondent No.1 wrote a letter dated 12.7.2000 seeking the flat/plot at the original rate of Rs.750/- per sq. yard or in alternative prayed for the refund of the deposited amount of Rs.40,370/- with accrued interest @ 24% per annum. It was alleged that the CHB failed to allot any flat/plot to the complainant, hence the complaint was filed seeking the refund of the initial amount of deposit of Rs.40,370/- and interest @ 24% per annum on the deposited amount i. e. , Rs.9,200/- from 1.6.1992 to 17.7.2000, which were worked out at Rs.17,940/- and on Rs.31,670/- for the period from 13.1.1998 to 17.7.2000 amounting to Rs.18,702/-. The total interest which was worked out was of a sum of Rs.36,642/-. A sum of Rs.50,000/- was claimed as compensation for mental agony and a sum of Rs.1 lac was claimed as incidental expenses on account of contribution of rental and other expenses. Rs.5,500/- were claimed as litigation expenses and a sum of Rs.5,000/- was claim as costs of the complaint. The total claimed of the complainant was to the tune of Rs.2,37,512/-.