HUDA OF KARNAL Vs. MAHABIR SINGH

JUDGEMENT

(1.) THIS is a Revision Petition against the Order dated February 16, 1993 passed by the State Commission Haryana at Chandigarh by which it confirmed the Order passed by the District Forum, Hissar.

(2.) THE facts of the case lie in a very narrow compass.-Mahabir Singh and Dharam Pal -Respondents had separately applied on 8th October, 1991 for allotment of one residential plots each in Sector 4, Phase II in a colony to be developed by the present Petitioner-Haryana Urban Development Authority (for short HUD A) at Karnal. They made initial deposits of Rs. 13,378/- and Rs. 9,104/- respectively with their applications. They received registration Nos. 1051053 and 1051052 respectively. They were unsuccessful in the draw of lots. The deposited amount was refunded to them without interest on 15th May, 1992. Dissatisfied thereof they preferred a joint complaint before the District Forum seeking award of inherent at the rate of 18% on the deposits made. HUDA contested the complaint and pleaded that as per terms and conditions printed in the application form no interest was payable top the Complainants.

(3.) RELYING upon an order passed by the State Commission in case First Appeal No. 164 of 1992 titled 'Estate Officer' HUDA v. Parmeshwari Devi the District Forum ordered HUDA to pay interest to the Complainant at the rate of 18% per annum from the date of submitting applications upto the date of the amount refunded. In Parmeshwari Devi case (supra) the State Commission had held: