No one appears for the complainant even today.  Learned counsel for the parties submit that this matter is identical to Original Petition No. 340 of 2002 titled as Sujan Singh vs. The Vice Chairman, Meerut Development Authority decided by this Commission vide order dated 24.03.2011.  In that case also, there was no representation from the side of the complainant.  Therefore, we had appointed Ms. Astha Tyagi, Advocate as Amicus Curiae to assist this Commission.  She is appointed in this case as well to assist this Commission.  Registry is directed to pay her a sum of Rs.5,000/- as out of pocket expenses.

We have heard the learned counsel for the parties.  Both of them although did not dispute that the facts of this case are identical to the facts of Original Petition No. 340 of 2002 except the fact that the amount deposited is Rs.70,000/- and not Rs.55,000/- and this case may also be decided in terms of the order passed in the said original petition.  For the sake of brevity, we are not repeating the facts in detail but the facts being almost identical, we are of the view that this complaint can also be disposed of in terms of the order dated 24.03.2011 passed by this Commission in Original Petition No. 340 of 2002.  We order accordingly.

-3-

In the result, the complaint is partly allowed with a direction to the opposite party-Meerut Development Authority to refund the deposited amount of Rs. 70,000/- with interest @12% per annum w.e.f. the date of complaint till its payment to the complainant.  Opposite party is directed to make the payment of the awarded amount to the complainant within a period of six weeks from today failing which the rate of interest shall be enhanced to 15% p. a. from the date of default.   A copy of the order dated 24.03.2011 passed in Original Petition No. 340 of 2002 shall be placed on record of this Commission and shall form part of this order.