Petitioner had applied for allotment of a Double Room Apartment on 30.12.1989 under Kaushambi Apartments (Phase III) Scheme floated by the respondent. Petitioner had paid a total sum of Rs.5,17,441/- till February 1994. In February 1994, when the petitioner visited the apartment, he found that the respondent, instead of Double Room apartment, had allotted single room apartment. Petitioner did not accept the offer of single room apartment. He then approached the officers of respondent who advised the petitioner to submit his complaint in writing and told him that since all the flats had already been allotted, he may apply for refund of the amount paid by him. After running from pillar to post requesting the respondent to allot the double-room apartment, in July 1995 the petitioner finally asked for refund of the amount along with interest at the rate of 18%. He sent all the original documents relating to the allotment for the purpose of the refund of the amount. Respondent, after receipt of the application of the petitioner, refunded Rs.1,60,000/- between 22.9.1995 to 6.1.1996. During the pendency of the complaint, the respondent made further payment of Rs.3,45,816/- to the petitioner. In this manner, respondent refunded the amount of Rs.5,05,816/- to the petitioner till the disposal of the complaint by the State Commission on 4.1.2001. State Commission disposed of the complaint by passing the following order : “Thus we find that the complaint is liable to be allowed. A sum of Rs.3,45,816/- has been paid to the complainant on 17.04.2000, therefore, the interest on this amount shall cease with effect from 17.04.2000 and the remaining principal amount, if any, alongwith the interest at the rate of 18% per annum shall be payable. ORDER The complaint is allowed with the remark that the amount already paid shall be deducted from the amount which is to be paid to the complainant by Ghaziabad Development Authority. The Ghaziabad Development Authority shall pay the cost of Rs.3,000/- to the complainant.” Petitioner filed Execution Petition before the State Commission claiming a sum of Rs.5,88,636/-. During the pendency of the execution petition the State Commission passed an order on 17th May, 2001 directing the respondent to deposit Rs.5,88,636/- failing which the Secretary, GDA was to be arrested. In view of the order passed and under the threat of arrest, the respondent paid Rs.3,36,401/- and Rs.1,84,541/- to the petitioner on 2.7.2001 and 6.11.2001 respectively. The total amount paid by the respondent to the petitioner came to Rs.10,26,758/-. The Executing Court taking the calculation made by the respondent (reproduced in the impugned order) held that only a sum of Rs.3,80,115/- remained unpaid towards the interest on the deposited amount and after deducting the income tax and surcharge on the said amount, Rs.3,36,401/- remained to be paid to the decree holder; that the G.D.A. had paid Rs.1,84,541/- in excess to the petitioner under the threat of arrest to the Secretary of the G.D.A. and, accordingly, directed the petitioner to refund the sum of Rs.1,84,541/- paid in excess to him by the G.D.A. within a period of one month. Petitioner, being aggrieved, has filed the present revision petition. Revision petition was dismissed on 29.3.2011. During the pendency of the revision petition, under the directions of this Commission, the petitioner deposited a sum of Rs.92,271/-. Petitioner has moved this application seeking payment of deposited sum of Rs.92,271/- either to him or to the respondent. As per the order passed by the Executing Court and upheld by this Commission, the petitioner is required to pay a sum of Rs.1,84,541/- to the respondent. Office is directed to pay the sum of Rs.92,271/- deposited by the petitioner with this Commission along with the accrued interest to the respondent in part satisfaction of the order. Petitioner states that he has already deposited Rs.65,000/- with the respondent vide Demand Draft No.003454 dated 25.7.2011 drawn on Bank of India, New Delhi. Petitioner shall now deposit the balance amount of Rs.27,270/- with the respondent within 3 weeks from today. Misc.Application stands disposed of in above terms. |
