DELHI DEVELOPMENT AUTHORITY Vs. VIJAY KAPOOR

JUDGEMENT

(1.) Feeling aggrieved of the order dated 3.6.1998 whereby the appellant was directed to refund the amount of Rs.2,41,250/- to the respondent with interest @ 15% w. e. f.18.8.1993 paid as earnest money towards purchase of the shop in auction as the respondent had given highest bid but on account of non-payment of balance consideration the shop was allotted to somebody else.

(2.) There is no dispute that the respondent was the highest bidder in the auction of allotment of shops and the bid amount was Rs.9,65,000/-. He deposited 25% of the bid amount of Rs.2,41,250/- on the spot and the rest of the money was required to be deposited within 30 days after issue of the demand letter. The appellant issued the demand letter on 20.12.1993 calling upon the respondent to deposit the balance amount of Rs.7,52,745/- inclusive of other dues within 30 days. The respondent failed to deposit the said amount within the said period and requested for extension of time vide letter dated 10.1.1994. The appellant acceded to the request of the respondent and extended the time upto 19.10.1994. In spite of this the respondent was not able to deposit the balance amount. The reasons given by the respondent for not depositing the said amount within the stipulated period is that he had requested the appellant to include names of his brother and sister in the allotment letter firstly by way of letter dated 19.8.1993 and again vide letter dated 10.1.1994 but the appellant did not accede to his request.

(3.) Be that as it may the fact remains that the respondent at first instance failed to deposit the balance amount within the extended period and merely because his request for including names of his brother and sister was not allowed, it did not entitle him not to deposit the balance amount within the period extended at his request. Exercise for including the name of his brother and sister could have been undertaken subsequently but the obligation on the part of the respondent firstly was to deposit the balance amount of Rs.7,52,745/- within 30 days of the demand letter dated 20.12.1993 but the generosity was shown by the appellant to the respondent by extending the time to deposit the balance amount by 19.5.1994. No person can be allowed to take advantage of his own wrong.