CHANDIGARH HOUSING BOARD Vs. NARESH KUMAR GUPTA

JUDGEMENT

(1.) THIS appeal has been directed by opposite party No. 1 against order dated 6. 12. 2007 passed by Consumer Disputes Redressal Forum-I, U. T. Chandigarh (hereinafter to be referred as District Consumer Forum), vide which complaint of Naresh Kumar Gupta respondent No. 1 (complainant) was accepted and the appellant as well as Silverton Coop. House Building Society Limited- respondent No. 2 was directed to refund Rs. 21,300 to respondent No. 1 Sh. Naresh Kuamr Gupta within 30 days of receipt of copy of the order. If the amount was not paid within prescribed period, then they were held liable to pay it along with penal interest @ 12% p. a. with effect from the date of deposit i. e. 22. 6. 1999 till payment.

(2.) BRIEFLY stated the facts are that Sh. Naresh Kumar Gupta was enrolled as Member of Silverton Coop. House Building Society Ltd. and his enrolment number was 575. In accordance with the Scheme framed by the Chandigarh Administration-respondent No. 3, issued notification dated 28. 5. 1991 (Annexure C-1 ). According to it, the eligible societies were required to pay 25% of premium of land as earnest money and the premium of land was fixed at Rs. 750 per sq. yard. The said Scheme was challenged by some of the Cooperative House Building Societies in the Hon'ble Punjab and Haryana High Court by way of Civil Writ Petition No. 1454 of 1992. The respondent No. 1 deposited a sum of Rs. 9,200 for 'b' category flat with the Estate Officer, U. T. Chandigarh through the society vide cheque dated 25. 5. 1992, as per interim order dated 11. 5. 1992, issued by Hon'ble High Court in aforesaid Civil Writ Petition. The Estate Officer had returned the cheque after keeping it for more than six years to the Liquidator of the Society and after withdrawal of the orders of liquidation, the cheque was returned to the Society in July, 1999. In February 1999, the appellant- Chandigarh Housing Board directed the Society to deposit 25% of the premium of land along with 18% interest, which the Society in turn demanded from the members vide letter Annexure C-2 dated 8. 3. 1999. In compliance with the said letter. respondent No. 1 deposited Rs. 47,230 which included interest of Rs. 21,300 vide DD No. 377166, dated 22. 6. 1999 with the Society which in turn passed on the amount to appellant (Chandigarh Housing Board ). Since, Chandigarh Housing Board failed to allot any land to the Society for construction of dwelling units/flats for the members, so on 21. 4. 2005, he approached the Society for refund of Rs. 47,230 due to financial constraints. The appellant vide letter dated 4. 5. 2006 refunded Rs. 3,42,260 to the society on account of refund of 10 members which included his amount also vide Annexure C-4. In this manner only amount of Rs. 25,930 was refunded out of Rs. 47,230 and an amount of Rs. 21,300 was retained which was the interest amount. Thus, appellant illegally retained the amount of Rs. 21,300. Protest was lodged but of no avail.

(3.) ALLEGING deficiency in service, the complaint was filed.