GWALIOR DEVELOPMENT AUTHORITY Vs. MANJU NAYAK

JUDGEMENT

(1.) All these Appeal Nos.301/97, 383/97, 505/97, 503/97, 219/97, filed against the orders dated 26.4.1997, 3.6.1997, 24.7.1997, 10,7.1997, 2.4.1997, passed by District Consumer Disputes Redressal Forum, Gwalior in their Case Nos.335/96,383/97,128/ 94,474/96,94/96, respectively are being disposed of by one composite order because the facts and circumstances of law points and issues involved are exactly identical. The District Forum has in all these cases ordered refund of earnest money along with interest and with or without cost of proceedings. Advocate's fee and compensation, etc.

(2.) All these cases are in respect of deficiency in service by Gwalior Development Authority for failure to allot plots to the complainants despite having taken registration amount and earnest money, several years back.

(3.) The main arguments of the appellant are as under: (i) The appellant has on the one hand argued that in absence of cause of action the complaint should have been dismissed and on the other hand has argued subsequently that complaint was time-barred having been filed a number of years after the deposit of earnest money. (ii) That for want of acquisition of land and allotment by the Government, GDA could not develop the plots. Therefore, the complainant should have waited for acquisition of land and then allotment to the GDA by the Government. (iii) That "earnest money" being not a "consideration" the complainant was not a "consumer" as has been held by the Hon'ble National Commission I (1995) CPJ 3 (NC ). (iv) That the rate of interest should not have been more than 12% because an interest of more than 12% amounts to penal interest.