DIRECTOR GENERAL (INVESTIGATION AND REGISTRATION) vs UTTAR PRADESH HOUSING And DEVELOPMENT BOARD

THE present petition arises out of a complaint filed by Mr. Mukesh Chandra Maheshwari, 3856, Churi Walan, Delhi against the respondent. THE informant paid an amount of Rs. 5,000/- on 19th August, 1986 as the revised registration amount, which is not disputed by the respondent. THE respondent has filed reply to the counter affidavit to the complaint wherein it is pleaded that the informant did not respond to the various advertisements which appeared in the press on different dates when notices for allotment were sent on 28.3.1993, 10.12.1993, 31.1.1995, 22.3.1995 and 26.6.1995 in newspapers. However, the same is denied by the learned Counsel for the complainant. Be that as may, the land was not allotted to the informant and a plea is also taken by the respondent that the delay was caused due to several factors including the litigation over the acquisition of land, which was beyond the control of the respondent.

IN view of the admitted position that the respondent has used the registration amount deposited by the informant for a long duration and did not allot any land for any reason whatsoever, the informant is entitled to refund of the registration amount with interest. We, therefore, hold that informant is entitled to get the refund of his deposits and registration renewal deposits, if any, along with interest @ 12% per annum from the respective dates of each deposit. We have dealt with similar matters in U.T.P.E. No. 140/1998 and C.A. 118/1998 in which the refund of the registration amount and deposit along with interest @ 6% was directed to be paid. However, the respondent did not follow the aforesaid order in other cases. We also deem it appropriate to observe that informant, in the present case, is entitled to a rate of interest higher than the one awarded in the above two cases. The respondent shall refund to the informant the deposit and registration amount along with interest @ 12% per annum from the respective dates of deposits. The present complaint is disposed of accordingly. The informant who filed the complaint shall also be entitled to costs which are quantified at Rs. 5,000/-. The aforesaid amounts shall be paid within a period of six weeks from today. The Notice of Enquiry is discharged. Complaint disposed of.