SANJEEV KHANNA vs DELHI DEVELOPMENT AUTHORITY

THE applicant, Shri Sanjeev Khanna has made an application under Section 12B of the MRTP Act, 1969 (the Act for brief) charging the respondent with adoption of and indulgence in unfair trade practices and stating therein that he deposited Rs. 20,000/- with the respondent through a Bank Draft dated 2.9.1985 for booking a commercial flat under the Self-Financing Scheme floated by the respondent in 1985. THE grievance of the applicant is that even though a period of 10 years has elapsed, the respondent has not been able to allot the commercial flat in question to him and has also not refunded the above mentioned amount with interest accruing thereon. In the compensation application, the applicant has claimed not only refund of the deposited amount but also damages for mental agony and harassment and also the expenses incurred on the present litigation.

THE fact that the amount of Rs. 20,000/- was deposited by the applicant, at the time of booking of the commercial flat, is not disputed or denied by the respondent. It has been however, stated by and on behalf of the respondent that in response to the aforesaid scheme, 577 applications were received and 107 were allotted flats but none of the allottees was given possession. It has also been mentioned that the aforesaid scheme was abandoned and no amount except the initial deposit was either demanded by the respondent or deposited by the applicants. Learned Advocate for the applicant states that in view of the order of the Hon''ble Supreme Court, in the case of Ghaziabad Development Authority v. Union of India & Anr., Civil Appeal No. 5329/1996 decided on 12.5.2000, and reported in II (2000) CPJ 1 (SC)= IV (2000) SLT 654=Judgments Today 2000 (8) SC 154, interest @ 12% is considered to be reasonable and may be awarded in this case. It has also been fairly stated by the learned Advocate for applicant that in view of the aforesaid order, the compensation amount claimed for mental agony and harassment is not being pressed and only the actual amount of Rs. 20,000/- with interest @ 12% per annum may be directed to be refunded by the respondent. THEse facts are not disputed or denied by the learned Advocate for the respondent and at any rate we are bound by the aforesaid order of the Hon''ble Supreme Court. Accordingly, we direct the respondent to refund the amount of Rs. 20,000/- with interest @ 12% per annum for the entire period i.e. from the date of deposit till the date of actual refund. We also consider it fair to award costs of Rs. 5,000/- by way of litigation expenses. THE respondent is accordingly directed to make the refund with interest as mentioned above and comply with this order within six weeks and file an affidavit by way of compliance. C.A. disposed of.