LAWS(NCD)-2016-8-1

YASHWANT RAI PURI Vs. BHATINDA DEVELOPMENT AUTHORITY

Decided On August 01, 2016
Yashwant Rai Puri Appellant
V/S
Bhatinda Development Authority Respondents

JUDGEMENT

(1.) The petitioner / complainant applied to the respondent No.1 Bathinda Development Authority, for allotment of a residential flat in BDA Enclave, Phase IV & V of Bathinda. The application was submitted through State Bank of India. The Earnest Money amounting to Rs.1,10,000/- financed by State Bank of India was also deposited by him with the Authority. A draw of lots for allotment of the plots was held after fourteen months. The complainant could not get any allotment in the said draw of lots, and therefore, the Earnest Money was refunded to him, along with interest amounting to Rs.5,453/- after 01 year 04 months and 22 days. According to him, the Authority earned interest by way of 10% per annum on the amount which it had collected from the applicants by keeping the said amount in the Fixed Deposits. The complainant therefore, approached the concerned District Forum, seeking payment of Rs.8,282/- that being the extra interest he had to pay to the bank, along with compensation etc.

(2.) The complaint was resisted by the respondent on several grounds.

(3.) The District Forum vide its order dated 05.3.2014, ruled in favour of the complainant and directed the Authority to pay the amount of Rs.8,282/- to the complainant along with interest @ 9% per annum, compensation quantified at Rs.3,000/- and cost of litigation quantified at Rs.2,000/-.