MUNICIPAL COUNCIL KARNAL Vs. RITESH KUMAR KAUSHIK

JUDGEMENT

(1.) Complainant was allotted a plot in open auction for a sum of Rs.1,16,340/-, out of which he deposited Rs.38,900/-by way of earnest money on the same day i. e.18th November, 1990. Even after making full payment. Municipal Council did not make the necessary development of the area including the plot, like sewerage etc. Feeling frustrated by non-development of the plot, the complainant approached the District Forum for the refund of the amount already deposited by him. In reply, the opposite party in addition to take additional grounds for contesting the complaint inter alia stated, that the locality was such that it required various kinds of amenities, which could only be provided after selling the entire area and that too with the passage of time. After the trial of the complaint and considering the evidence on record, the learned District Forum allowed the complaint by directing the opposite party" to return the amount of Rs.1,16,340/-alongwith interest @18% p. a. to the complainant on the said amount from the date of payment till the date of refund. Further, opposite party is directed to pay a sum of Rs.10,000/as compensation and a sum of Rs.500/-as cost of litigation. "

(2.) In the appeal before us, the appellant has only reiterated the stand taken by the learned Counsel for the opposite party before the District Forum and nothing new has been advanced. Today before us, there is no appearance on behalf of the appellant and on the earlier hearing also no body appeared to pursue the appeal. After considering the matter in detail and having gone through the record we do not find any legal infirmity in the order passed by the learned District Forum. It is only fair to the consumer if the Local Bodies or Urban Development Authorities are not in a position to make the necessary developments by providing roads, electricity, sewerage, drainage and other similar facilities etc. within a reasonable period, the amount deposited by way of earnest money and by way of instalments should be refunded alongwith reasonable interest. It was strictly keeping in view this situation that the learned District Forum has allowed the complaint. Consequently, the appeal is allowed with no order as to costs.