BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I                                                  U.T. CHANDIGARH

            Misc. Application No. 84 of 2010

in

Complaint Case No. 442 of 2000

Jasmer Singh Saini                                                                              --- Complainant

                                                Versus           

Chandigarh Housing Board                                                                                                                                                                                                    ---Applicant/Opposite Party

 Present:          None for the parties.              

                                                            ORDER

                        This is an application filed by OP-Chandigarh Housing Board for refund of amount deposited by them. It is stated therein the application that complaint of the complainant was decided by this Forum vide order dated 28.5.2004 and OP No.1 Chandigarh Housing Board was ordered to refund the whole amount deposited by the complainant with the Board alongwith interest on the amount from the date of deposit and a costs of Rs.550/-. Against the said order, OP filed an appeal No.85 of 2005 before the Hon’ble State Commission, which was dismissed vide order dated 16.9.2005 with costs of Rs.550/-. Aggrieved from the order, the Chandigarh Housing Board filed RP No.3197 of 2005 before the Hon’ble National Commission and the National Commission vide its order dated 9.3.2006 stayed the operation of the order passed by the Fora subject to deposit of the awarded amount by the Board with concerned District Forum within two weeks. In compliance of the order of the Hon’ble National Commission, the OP-Chandigarh Housing Board deposited draft No.400329, dated 21.3.2006 amounting to Rs.31,776/- with this Forum. The Hon’ble National Commission decided the revision petition vide its order dated 9.7.2009 and set aside the order passed by the Fora and directed the petitioner-Chandigarh Housing Board to pay interest @ 12% p.a. on the refunded amount of Rs.32,670/- with effect from the date of complainant applied for refund i.e. 17.7.1997 upto the date of dispatch of cheque i.e. 10.3.2000 for delayed refund and payment. The OP-Chandigarh Housing Board, thereafter, filed Special Leave Petition No.1910 of 2000 before the Hon’ble Supreme Court, which was dismissed vide its order-dated 15.2.2010. It is stated by the OP-Chandigarh Housing Board that the order of the Hon’ble National Commission is final and therefore an amount of Rs.21,390/- may be refunded to them after deducting the amount of interest of Rs.10,386/- from the amount already deposited i.e. Rs.31,776/- which is payable to the complainant as per the orders of the Hon’ble National Commission.

2.         Notice of the application was sent to the complainant, but the same has been reiceved back with the report of refusal. Refusal is a sufficient service. None has come present for the complainant.

3.         It is ordered that out of the deposited amount of Rs.31,776/-, a sum of Rs.21,390/- be released to the applicant/OP-Chandigarh Housing Board and the remaining amount of Rs.10,386/- be released to the complainant-Jasmer Singh Saini, by way of cheque. The file be consgiend.

4.         Certified copies of this order free of cost be supplied to the parties. The file be consigned.

27.08.2010                   (RAJINDER SINGH GILL)                               (JAGROOP SINGH MAHAL)

                                                            MEMBER                                             PRESIDENT