DEVELOPMENT BOARD And HOUSING COMMISSIONER, U.P. HOUSING vs PURUSHOTTAM KUMAR

THIS is an appeal against the judgment and order dated 5.2.1994 passed by the District Consumer Forum, Meerut in Complaint Case No. 125/1993.

BRIEFLY stated the facts of the case are that the complainant Purushottam Kumar had deposited an amount of Rs. 1,000/- with the opposite party, U.P. Housing & Development Board for allotment of a shop. After one year the scheme under which the shops were to be allotted was dropped by the appellant, U.P. Housing & Development Board. The complainant has lodged the claim before the District Forum for refund of the amount deposited alongwith interest. In the written version before the District Consumer Forum, the opposite party has alleged that the complaint was time barred and the complainant was not entitled to interest on the deposited amount. The complainant had never taken any action for refund of the amount.

The District Consumer Forum, after hearing both the parties, decreed the claim and directed the opposite party to refund the deposited amount of Rs. 1,000/- alongwith interest at the rate of 6% per annum to be paid from two years after the date of deposit of the amount till the date of payment.

AGGRIEVED of this order, the U.P. Housing & Development Board, opposite party has come in this appeal. We do not consider it necessary to issue the notice to the complainant as we find that the result of the appeal would have been same if the notice was issued.

WE have heard the learned Counsel for the appellant. The learned Counsel has argued that the complaint is time barred. The complaint was filed in the year 1994 whereas the amount deposited for allotment of shop was prior to 1986. WE do not agree with this plea because the cause of action will continue to arise till such period the shop is allotted or alternatively the amount deposited is refunded. The learned Counsel has also argued that the complainant did not take action in regard to the refund. It was the duty of the Housing Board to have informed the complainant about the fact of cancellation of the scheme and should have remitted the amount deposited by the complainant. The learned Counsel has also stated that in the matters in regard to the allotment of shop interest is not given on the deposits. Since the appellants have retained the amount with themselves and appropriated it for their own use, the interest is certainly liable to be paid. As a matter of fact, the District Forum should have awarded interest from the date of deposit but since there is no appeal from the complainant on this count, we cannot interfere with the judgment and order of the District Forum. In the circumstances, the appeal is liable to be dismissed and the judgment and order of the District Forum are liable to be confirmed. ORDER The appeal is dismissed. The judgment and order of the learned District Forum are confirmed. Let compliance be made within a period of one month from the date of this order. Let copy of this order be made available to the parties as per rules. Appeal dismissed.