CHANDIGARH HOUSING BOARD Vs. JASMER SINGH SAINI

JUDGEMENT

(1.) This appeal has been directed by Chandigarh Housing Board-respondent No.1 against order dated 28.5.2004 passed by the District Consumer Disputes Redressal Forum-I, U. T. Chandigarh, vide which the appellant has been directed to refund the earnest money to Sh. Jasmer Singh Saini, complainant (respondent No.1 in the present appeal), without deducting 10% of the amount, and further, to refund Rs.3630 along with interest @ 10% p. a. from the date of deduction till its payment. Respondent No.1 (complainant) was held entitled to interest @ 10% p. a. on the amount of Rs.32670 from the date of deposit till its refund i. e. , 10.3.2000. Costs were also awarded to the tune of Rs.550.

(2.) Briefly stated the facts are that the Chandigarh Housing Board and respondent Nos.2 and 3 had floated a scheme known as "the Chandigarh allotment of Sites of Cooperative Societies Scheme, 1979"; under the said scheme the people who were aspiring for residential units in the city were asked to form house building cooperative Societies duly registered under the Punjab Cooperative Societies Act, 1961. A few promoters floated a Cooperative house building society known as "the Chandigarh Sector-18 Cooperative House Building Society Ltd. " The respondent No.1 applied for his membership and accordingly was allotted membership No.93 on 22.4.1982. He deposited the total amount of Rs.36,300 on account of earnest money as demanded by the appellant and respondent Nos.2 and 3, from time-to-time, and was duly transferred in the bank account of the appellant through the society. However, the appellant and respondent No.2, unduly delayed the allotment of land to the society and went on demanding additional amount from the society.

(3.) It was next averred that in the meantime, the family circumstances due to his job requirements changed, and, therefore, he requested respondent No.3 to refund the amount deposited by him, amounting to Rs.36,300 with interest vide his application dated 17.7.1997, on which the President of Society asked him to make an application to the appellant as well. Accordingly, he made another application dated 24.7.1997 to appellant and respondent No.2, but he received letter dated 13.8.1997 from the appellant asking him to submit demand for refund of the amount through the society. Consequently, he submitted another application dated 18.9.1997 through the society requesting for the refund of the amount. After a protracted correspondence, he received a copy of the letter dated 10.3.2000 from the appellant through the society vide which an amount of Rs.32,670 was refunded to him after deducting 10% of the total earnest money i. e. , Rs.3,630. He accepted the amount vide his letter dated 7.4.2000, under protest. He was not allowed any interest on the said amount, although, the appellant earned interest by depositing the amount of society in the bank.