NCDRC

NCDRC

RP/3730/2009

JALANDHAR IMPROVEMENT TRUST - Complainant(s)

Versus

SATNAM SINGH - Opp.Party(s)

MR. SURESH C. GUPTA

22 Mar 2010

ORDER

Date of Filing: 07 Oct 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/3730/2009
(Against the Order dated 19/05/2009 in Appeal No. 90/2003 of the State Commission Punjab)
1. JALANDHAR IMPROVEMENT TRUSTThrough Its Executive Office Administrator Jalandhar Punjab ...........Appellant(s)

Vs.
1. SATNAM SINGHs/o. Late Gurbachan Singh R/o. of House No.4. Doordarshan Enclave Wadala Road. Garah Maan Nagar. Jalandhar Punjab ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE K.S. GUPTA ,PRESIDING MEMBERHON'BLE MR. JUSTICE R.K. BATTA ,MEMBER
For the Appellant :NEMO
For the Respondent :NEMO

Dated : 22 Mar 2010
ORDER

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Delay of 28 days in filing revision petition is condoned. In this revision against the order dated 19.05.2009 of Consumer Disputes Redressal Commission Punjab, Chandigarh, notice was issued limited to award of compensation to the respondent/ complainant vide order dated 05.11.2009. The State Commission while modifying the order of District Forum dated 04.12.2002 has disposed of the appeal filed by the petitioner/ opposite party – trust with direction to the trust to refund the deposited amount with interest @ 7 ½ per cent and pay Rs. 1.00 lakh as compensation. It is not in dispute that respondent had applied for a plot to the trust and deposited earnest money amount of Rs.500/- on 26.11.1979. The respondent however, demanded refund of the earnest amount which was returned to him by the trust through a cheque on 09.07.1981 which was encashed on 21.07.1981. It seems that by mistake the trust issued a allotment letter to the respondent on 29.07.1986 and deposited the demanded amount. Since the earnest money was admittedly refunded to the respondent in July 1981, he had ceased to be registrant under the scheme and was not entitled to allotment of a plot. He could not take advantage of the mistake committed by the trust in issuing allotment letter. In this back-drop part of the order of State Commission awarding Rs.1.00 lakh as compensation cannot be legally sustained. However, order for refund of deposited amount along with interest @ 7 ½ percent, deserves to be retained. Accordingly, while allowing revision, the part of the order of State Commission in so far as it relates to award of Rs.1.00 lakh as compensation is set aside. Amount of Rs.33,180/- which included interest @ 7 ½ per cent, deposited by the trust with the Forum is released in favour of the respondent. Amount of Rs.50,000/- deposited by the petitioner with this Commission is released in favour of the petitioner. No order as to cost.


......................JK.S. GUPTAPRESIDING MEMBER
......................JR.K. BATTAMEMBER