HARYANA URBAN DEVELOPMENT AUTHORITY Vs. SHER SINGH

JUDGEMENT

(1.) -THE appellant-opposite parties have come up in appeal against the order dated 26. 5. 2004 passed by the District Consumer Disputes Redressal Forum, Narnaul whereby the appellants have been directed to pay Rs. 19,182 to the respondent-complainant along with interest @ 9% per annum from the date of draw of lots after leaving three months period till 22. 8. 2002. In addition Rs. 1,000 was awarded as litigation expenses.

(2.) SHORTLY stated the facts of the case are that the complainant had applied for allotment of 6 Marlas residential plot in Sector-1, Narnaul to the opposite parties with a deposit by way of bank draft for the amount of Rs. 19,182. He was unsuccessful in draw of lots but the opposite parties did not refund the deposited amount to the complainant. A legal notice dated 16. 11. 2000 was also issued to the opposite parties but without any effect. Forced by these circumstances the present complaint was filed. The complaint was contested by the opposite parties. In the written statement filed, it was pleaded that the complainant had received the amount of Rs. 19,182 on 25. 8. 2002 vide cheque bearing No. 188685 dated 23. 8. 2002 and for that reason the complaint merited dismissal. They also raised the plea of limitation and not maintainability of the complaint in the present form. Taking into account the respective stands of the parties and evidence adduced on record the District Forum accepted the complaint and issued the directions in its order dated 26. 5. 2004 noticed above. Hence, the present appeal at the behest of the appellant-opposite parties.

(3.) LEARNED Counsel representing the parties have been heard at length.