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Judgment
THIS is an appeal filed by the opposite party/Housing Corporation against the order dated 27.3.1996 passed in Case No. 363 /95 by the District Forum, Gwalior whereby the opposite party has been ordered to refund the amount of Rs. 52.555/- deposited by the complainant with the opposite party for allotment of a plot in Gwalior Housing Scheme, with interest at the rate of 16% per annum w.e.f. 29.9.1995, the date of filing the complaint.
IT is not disputed that the complainant made an application to the opposite party/ Housing Corporation on 27.5.1993 alongwith deposit of Rs. 5,200/- as registration fee for allotment of plot. Thereafter, as per requirement, the complainant made further deposits upto 5.12.1994 to the tune of Rs. 52,555/- being the price of me plot. The complainant thereafter requested for allotment of the plot but no plot was allotted to him despite reminders given to the opposite party by letters dated 21.4.1995 and 19.8.1995. The complainant then filed the instant complaint for refund of the amount with interest at the rate of 24% per annum. The opposite party stated that they had by order dated 11.8.1993 asked me Gwalior Development Authority to secure allotment of one plot for the complainant in Mahalgaon area where plots were being developed under a Scheme. The opposite party had not known of the existence or the number of the plot that would have been allotted to me complainant by me Gwalior Development Authority although the opposite party had received the deposits towards price of the plot. The allotment was also to be effected by the Gwalior Development Authority by drawing a lottery for the plots which were being developed under the scheme.
In view of the aforesaid facts and circumstances, which showed that the opposite party was not in possession of developed plot to be given to the complainant, the District Forum found it to be a fit case of deficiency in service on the part of the opposite party, who estimated the price of the plot for the purpose of receiving the deposit with out having any land for carrying out any scheme for development.
THE District Forum after careful consideration of me entire material on record, has awarded compensation to the complainant for deficiency in service on the part of the opposite party, in the manner as stated aforesaid. Having perused the memo of appeal and after hearing the learned Counsel for the parties, we do not find any error in the order of the District Forum so as to justify interference. The appeal is, therefore, dismissed with no order as to costs. Appeal dismissed.