GURJUNDER SINGH Vs. JALANDHAR IMPROVEMENT TRUST

JUDGEMENT

(1.) By this common order, I propose to dispose off the above noted three revision petitions as they involve common question of law and facts arising out of the orders dated 12.09.2016 & 04.102.106 in Appeal Nos. 1019 of 2015, 1020 of 2015 and 690 of 2016.

(2.) Common facts in all these revision petitions are that the petitioners applied for allotment of residential plot in Surya Enclave Extension Development Scheme. Jalandhar Improvement Trust, Jalandhar. Draw of plot was held on 04.11.2011. Plot No. 11-D was allotted to Paramjit Kaur in a draw of plot, plot no. 47-D was allotted to Gurdeep Kaur and plot no. 32-D was allotted to Gurjunder Kaur. All the petitioners were issued allotment letters vide separate dates requiring them to deposit 10% of the total value of the plot by way of earnest money, which the petitioners duly paid. After the draw of lot, as per the terms of allotment letters and scheme of the project, a schedule of payment was issued to the petitioners / complainants. Admittedly, the petitioners / complainants have not paid any money as per the terms and conditions of the scheme / brochure and the allotment letter. It was the condition of the allotment letter that in case the payments are not made as per the schedule of payment, the money paid towards earnest money shall be forfeited. Admittedly, none of the petitioners had made the payment as per the schedule. They were required to pay further 15% within 30 days of the allotment letters which they failed to deposit. Consequently, thereupon their earnest money was forfeited.

(3.) Complainants / petitioners filed the complaint seeking refund of the earnest money. Their complaints were dismissed by the District Forum. The appeal against the said orders were also dismissed by the State Commission. The said orders have been impugned before this Commission.