GHAZIABAD DEVELOPMENT AUTHORITY Vs. B P SINGHAL

JUDGEMENT

(1.) The complainant instituted a complaint for refund of Rs.14.600/- against the Ghaziabad Development Authority, Ghaziabad, and the District Forum, Chandigarh, ordered on 5.5.97 refund of the aforesaid sum. Aggrieved against it, the present appeal has been attempted.

(2.) On behalf of the appellant, it has been pointed out that the appellant remitted a sum of Rs.10.950/- on 4.8.1995 and the residual amount was forfeited because there was a condition, which authorised the appellant to forfeit 25% of the amount deposited. The complainant changed his mind scarcely after two months and there is a plea that the respondent was competent to deduct 25%. There was no such provision in Annexures A-l and A-2 containing advertisement of setting up the Kapooripuram, which was floated by the appellant. The appellant did not bring its so-called brochure on record of the District Forum nor there was an application for additional evidence before this Commission. In the absence of these important pieces of evidence, there appears to be no reason for interfering with the judgment of the District Forum. It is clarified that after payment of Rs.10,950/-, now the appellant is liable to pay only Rs.3650/-. The interest @ 18% p. a. shall be admissible on this amount only from the date of institution of the complaint till realisation. With this modification, the appeal is dismissed.