NCDRC

NCDRC

RP/4592/2009

HUDA - Complainant(s)

Versus

ROSHAN LAL - Opp.Party(s)

MR. R.S. BADHRAN

27 Jan 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 4592 OF 2009
(Against the Order dated 17/09/2009 in Appeal No. 623/2004 of the State Commission Haryana)
1. HUDASector 7, Ambala City,Ambala Haryana ...........Petitioner(s)
Versus
1. ROSHAN LALHouse No.291, Housing Board Colony Naraingarh Road, Ambala City,Ambala Haryana ...........Respondent(s)

BEFORE:
HON'BLE MR. S.K. NAIK ,PRESIDING MEMBER
For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 27 Jan 2010
ORDER

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Heard learned counsel for the petitioner. Issue involved in this petition pertains to whether in the event of an allottee voluntarily surrendering residential plot, the petitioner-authority is entitled to retain 10% of the total tentative cost and refund the balance? Both, the District Forum as well as the State Commission, relying upon the judgment of the Supreme Court in the case of HUDA Vs. Kewal Krishan, 1996 (4) SLJ-2836-SC, have ordered the authority to refund the amount of deposit after forfeiting the earnest money. A perusal of the order passed by the fora below shows that the same is perfectly in order. The ruling of the Apex Court clearly states that competent authority would be fully justified for forfeiting the earnest money, which has been deposited and not 10% of the amount deposited. Accordingly, revision petition being devoid of any merit is dismissed at the stage of admission itself.


......................S.K. NAIKPRESIDING MEMBER