ANSAL HOUSING And CONSTRUCTION LTD. vs NEERAJ SAXENA

-PETITIONER was the opposite party before the District Forum, where the respondent had filed a complaint alleging deficiency in service on the part of the petitioner.

VERY briefly the facts leading of filing the complaint were that respondents, in all booked six flats under the scheme floated by the petitioner in Sarvodaya Vihar Colony, Meerut and deposited certain amounts in respect of each flat. When despite payment of initial amounts, the flats were not being allotted and instead of allotting the flat, when the complainants were supplied a booklet named, ''Allotment Letter'' which was not acceptable to the complainant and when they were neither getting the allotment letters nor money being refunded, a complaint was filed before the District Forum, who after hearing the parties passed the following orders : "The money deposited by the complainants in consumer case Nos. 385/92, Dr. Neeraj Saxena and Anr. v. M/s. Ansal Housing; No. 386/92, Dr. Neeraj Saxena and Anr. v. M/s. Ansal Housing; No. 387/92, Miss Malvika Saxena & Anr. v. M/s. Ansal Housing; No. 388/92, Smt. Salini Saxena & Anr. v. M/s. Ansal Housing; No. 389/92 Smt. Kamla Devi v. Ansal Housing; No. 390/92, Ms. Priyanka Saxena & Anr. v. M/s. Ansal Housing, shall be transferred towards the costs of one flat and the opposite party shall adjust these amounts towards the price of one flat and the remaining, if any, shall be paid by the complainants as per conditions of Allotment Letter applicable to one flat. However, it shall be the option of the complainants to retain one of the six flats in writing to the opposite party within a week of this order. Parties shall bear their own costs. When this order was not being complied, an application for execution was filed before the District Forum, who vide its order dated 14.6.1995 directed the petitioner to refund the money in respect of all six flats along with interest @ 12% from the date of deposit till the date of payment. Certain other orders were passed while the execution application was pending. A revision petition was filed before the State Commission against this order of the District Forum passed in execution proceedings, who after hearing the parties dismissed this application filed before the State Commission along with cost of Rs. 1,000, against which this revision petition has ben filed before us.

We heard the learned Counsel for the parties at some length and perused the material on record. The learned Counsel for the respondent/complainant failed to show us, as to what did he do to comply with the order of District Forum passed on 16.1.1995? On the other hand, the petitioner has been able to show us letters written from time-to-time to the respondent/complainant. Notice was given on 8.4.1996 to the respondent/complainant, yet no option was exercised by the respondent in terms of the order of the District Forum dated 16.1.1995, and finally as per record, last letter was sent on 1.4.1999 about exercise of option and depositing of remainder amount, after taken into consideration the amount received in respect of all six flats. As per material on record, the receipts of letters were ''refused'' on two different dates, as noted by the Post Authorities in the Regd. A/D. In our view, the respondent/complainant has been less than fair in his dealing. We will not like to pass any harsh judgment on this account.

AFTER hearing the parties, we are of the view that in compliance of the order of the District Forum dated 14.9.2006, the respondent is only entitled to refund of the total deposited amount of Rs. 1,37,995.32ps. along with interest @12% p.a from the respective date of deposit till 1.4.1999, i.e., the date on which notice was given to the respondent/complainant to exercise the option for identifying the flat as also payment of the balance amount which was received back as ''refused'' by the respondent. Only to the above extent, the revision petition stands allowed in part. Thus, the petitioner is directed to refund the deposited amount in respect of six flats along with the interest @ 12% p.a. from the respective dates of deposit till 1.4.1999 within a period of six weeks. The order of the District Forum stands modified in above terms.

THE revision petition stands disposed of in above terms. Revision Petition partly allowed.