TARANJIT KAUR W/O. SH. RANBIR SINGH, R/O. HOUSE NO. 233, PALIKA VIHAR, AMBALA CITY HARYANA Vs. LUDHIANA IMPROVEMENT TRUST LUDHIANA, PUNJAB

JUDGEMENT

(1.) Challenge in this Revision Petition by the Complainant is to the order dated 10.6.2016 passed by the State Consumer Disputes Redressal Commission, Punjab at Chandigarh (for short "the State Commission") in FA/894/2015. By the impugned order, while partly allowing the Appeal preferred by the Petitioner/Complainant against the order dated 30.6.2015, passed by the District Consumer Disputes Redressal Forum, Ludhiana (for short "the District Forum") in Complaint No.844 of 11.12.2014, the State Commission has enhanced the rate of interest, as awarded by the District Forum, to 12% p.a. on the amount directed to be refunded to him by the Respondent Ludhiana Improvement Trust (L.I.T.) on the earnest money.

(2.) The grievance of the Petitioner in the Complaint was that she, having applied for allotment of a residential plot under the Shaheed Bhagat Singh Nagar Scheme as far back as in the year 1982, there was deficiency in service on the part of the Respondent in not allotting the said plot to her all this while. In her Appeal, it was also urged before the State Commission that at least the interest should have been awarded from the date of the application and not from the date of confirmation of the draw in the year 1999, when the Petitioner was found to be unsuccessful.

(3.) Having perused the documents on record, including the letters dated 20.1.2014 and 20.2.2014 issued by the Respondent to the Complainant asking her to take the refund on production of the original receipt and the Complainant's letter to the Respondent, forwarding the receipt for refund of the earnest money along with upto date compound interest, we are of the view that it is now too late in the day for the Complainant to ask for allotment of the plot, for which she had submitted the application. In so far as the question of award of interest from the date of the application, as pleaded, is concerned, neither there was any stipulation in the Scheme nor could the earnest money be refunded before the actual draw of lots had taken place.