MEERUT DEVELOPMENT AUTHORITY vs ATTAR SINGH GULIA

THE present appeal has been attempted by the Meerut Development Authority against the order of District Forum-I in Complaint Case No. 638 of 1997.

BRIEFLY the facts are that the appellant Meerut Development Authority floated a scheme for the allotment of plots at Meerut, in response to which the respondent Mr. A.S. Gulia applied for 120 sq. mtrs. plot and Rs. 7,000/- were paid by him as the registration amount. The subsequent instalment of Rs. 15,000/- due on 1.11.1991 was paid on 29.4.1992 after including the amount of Rs. 1,000/- as penal rate of interest. However, on 9.10.1993 the complainant now respondent decided to surrender the above mentioned allotment of plot and requested for refund of registration money after deduction of 25% of registration money as per the rules of the scheme. The appellant vide letter dated 18.10.1993 and subsequently on 2.2.1994 informed the respondent that a cheque of Rs. 5,600/- towards the return of balance of registration amount after deduction of 25% had already been sent and details of payment of Rs. 16,000/- were sought from him. Since this Rs. 16,000/- in reality was not refunded, a complaint was instituted in the District Forum-I and in response to the proceedings held in the District Forum-I, a cheque of Rs. 13,600/- towards the refund of aforesaid amount (after deduction of cancellation as per rules of the scheme) was presented by the respondent now appellant and same was accepted by the complainant now respondent. Further as per directions of District Forum a cheque of interest @ 15% on the aforesaid amount of Rs. 13,600/- from 19.6.1993 till the date of order of District Forum, i.e. 3.8.1999 was also tendered to the respondent by the appellant. However, aggrieved against this order of District Forum-I, Meerut Development Authority attempted the present appeal and in the proceedings before this Commission the major plea is that the District Forum-I, Chandigarh lacked territorial jurisdiction in the matter. Since Meerut Development Authority submitted itself to the territorial jurisdiction of the District Forum-I by refunding the above mentioned amount to the respondent. The plea of the territorial jurisdiction has lost its importance in the case. Consequently, the order of the District Forum is upheld. It may be important to mention here that respondent consumer has expressed his satisfaction and confirmed having received the payment. The appeal fails without any order of costs. Appeal dismissed.