LAWS(NCD)-1996-4-11

PONDICHERRY HOUSING BOARD Vs. R PANEERSELVAM

Decided On April 18, 1996
SECRETARY, PONDICHERRY HOUSING BOARD Appellant
V/S
R.PANEERSELVAM Respondents

JUDGEMENT

(1.) The opposite party appeals.

(2.) The complainant paid Rs. 1,000/- as Earnest Money Deposit for allotment of a flat on 27.2.85 at Deivanayagam Pillai Thottam, Pondicherry. After ten years the opposite party offered to pay back the amount without any allotment of flat. The complainant wrote a letter asking for interest for the whole period. There was no reply. Aggrieved by that silence he approached the District Forum for the return of the money with interest at 18% for ten years and Rs. 1,000/- as compensation for mental agony towards delay.

(3.) The case of the opposite party was that the scheme in D.P. Thottam did not fructify, that another scheme at Lawspet was contemplated and even then no flat could be allotted to the complainant. However as per the clause and conditions of the Earnest Money Deposit they are not liable to pay any interest.