HUDA Vs. ROSHAN LAL

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner.

(2.) ISSUE involved in this petition pertains to whether in the event of an allottee voluntarily surrendering residential plot, the petitioner -authority is entitled to retain 10% of the total tentative cost and refund the balance?

(3.) BOTH , the District Forum as well as the State Commission, relying upon the judgment of the Supreme Court in the case of HUDA v. Kewal Krishan, 1996 4 SLJ 2836 (SC), have ordered the authority to refund the amount of deposit after forfeiting the earnest money.