PER JUSTICE J.M. MALIK

1.      Counsel for the petitioner heard.  Sh. Sanjay Mittal, the complainant had booked a residential plot situated at Industrial Area Growth Centre, Dhaulpur for 99 years.  The Rajasthan State Industrial and Development Corporation Ltd.  –the Opposite Party vide its allotment order bearing No. 1085 dated 30.01.2002, allotted a plot bearing No. B-60 to the complainant in the map/layout.  The site plan of the plot was sent to the complaint on 26.12.2002 immediately.  After the receipt of that letter, the complainant vide its letter dated 30.01.2003 demanded the return of the amount.  The grouse of the complainant is that after receipt of the said letter, Opposite Party should have returned the balance amount after deducting 10% amount as Registration Fee, as per Rule 6 of the terms and conditions for allotment of residential plot.   Rule 6 runs as follows:-

“That in case of default or if an allottee wants to surrender the allotment the initial 10% registration money shall stand forfeited in favour of the corporation and excess amount if any, shall be refunded to allotee without any interest.”

2.      Counsel for the petitioner submits that Rule 6 is not applicable in this case.  What rule is applicable, has not been shown to the Commission.

3.      The complainant has been asking the respondent to pay the said amount, time and again but his request fell on the deaf ears.  Consequently, he filed a complaint before the District Forum, which was accepted and the complainant was granted Rs. 44,100/- deposited by the complainant after deducting 10% of the amount.  Compensation in the sum of Rs. 10,000/- and litigation costs in the sum of Rs. 2,000/- were also imposed upon the Opposite Party.  An appeal was preferred before the State Commission.  The State Commission dismissed the appeal. 

4.      However, we see no merit in the Revision Petition, the same is, therefore, dismissed.