M.L.SHARMA vs HOUSING COMMISSIONER, PUNJAB

THIS is a complaint filed by Shri M.L. Sharma for the allotment of a plot in the Urban Estate, Mohali. He has also claimed interest at the rate of 12% on the earnest money deposited by him in the Estate Office, Mohali.

IT arises in this way:- The complainant who is an ex-serviceman applied for a residential plot of 10 Maria size in the Urban Estate, Mohali in the month of December, 1977. He paid earnest money amounting to Rs. 1500/- to the Estate Officer, Urban Estate, Mohali and registration No. 1485 was issued to him by the said office. IT is alleged that revised option for the plot was issued to the complainant by the Estate Officer on 10.2.1982 and the complainant then opted for 8 Marla Plot. He also deposited the enhanced earnest amount of Rs. 2500/- in the said office on 26.8.1983 in addition to Rs. 1500/- paid by him in 1977. IT has been averred in the complaint that the complainant was discharged from the defence services in the year 1984 and remained unemployed for a pretty long time and that in the year 1985-86 due to domestic needs and financial hardship he requested for the refund of earnest amount of Rs. 4000/- deposited by him in the Estate Office, Mohali and the same was refunded to him. This version of the complainant has been controverted by the respondents. Their main plea is that the complainant having withdrawn the earnest money of Rs. 4000/- deposited by him in the Estate Office, Mohali, he thus forfeited the right Of allotment of any plot at Mohali. IT has also been pleaded by the respondents that the complaint is barred by limitation as the complainant had withdrawn the earnest money in the year 1985 and is liable to be dismissed on this score. From the facts narrated earlier, it is manifest that the complainant had been changing his mind from time to time. Firstly, he applied for 10 Marlas plot in the Urban Estate, Mohali in the year 1977 and then he opted for 8 Maria plot in the year 1983. In the year 1985-86, the complainant requested for the refund of Rs. 4,000/- because of domestic needs and financial hardship and the amount was refunded to him. The question, therefore, that falls to be considered is whether there has been any lapse or deficiency in service on the part of the Estate Officer, Mohali. In our opinion, this has to be answered in the negative. He having withdrawn the amount of Rs. 4,000/- from the Estate Office, Mohali, no interest, therefore, is payable to the complainant on the amount deposited by him.

The next question that arises for determination in this case is whether the complaint has been filed in time. The complainant has withdrawn the earnest amount of Rs. 4,000/- from the Estate Office, Mohali in the year 1985. So, to claim interest on the said amount, the right to sue accrued to the complainant in the same year and he ought to have claimed it within three years from 1985 as per Article 113 of the Limitation Act but the complaint has been filed on 25.3.1991 i.e. after about 6 years. The complaint filed by the complainant is highly belated one. Hence, he is not entitled to any of the reliefs claimed by him. In the result, the complaint is dismissed. In the circumstances of the case, we make no order as to costs. Complaint dismissed.