GHAZIABAD DEVELOPMENT AUTHORITY Vs. C M PATHAK

JUDGEMENT

(1.) The District Forum, Union Territory, Chandigarh, has ordered on 10.9.1996 that a sum of Rs.4,205/- shall be payable as interest for the period of delay while refunding the deposit of Rs.13,000/- to the applicant, who had applied for a plot to the Ghaziabad Development Authority, Ghaziabad. Aggrieved against it, the present appeal has been attempted.

(2.) The sum of Rs.13,000/- which was earnest money i. e. a part of price was deposited alongwith the application by Dr. C. M. Pathak of Chandigarh on 29.7.91 with the Oriental Bank of Commerce and it was handed over to a representative of the appellant at Chandigarh and receipt issued here on behalf of Vice-Chairman, Ghaziabad Development Authority. The relevant clauses from the brochure are reproduced as under: "9.40. The registration amount shall be refunded to the unsuccessful applicants by Oriental Bank of Commerce, B-193, Rahul Place, Lohiya Nagar, Ghaziabad directly.9.50. The refund of registration amount to unsuccessful applicants shall be started after one month of the draw. "

(3.) It is not disputed that there was a delay of 21 months and 17 days in the refund inasmuch as it was made to the respondent on 7.5.1993. Thus, in this case since the respondent and its agent failed to refund the money within one year, the depositor was entitled to interest as ordered by the District Forum, Union Territory, Chandigarh and no interference is called for. The appeal is hereby dismissed.