through that judgment that judgment was against Haryana Urban Development Authority, in that judgment the allotte deposited some installments and informed the Haryana Urban Development Authority about in capacity to pay of balance amount, requested for refund of money paid, in that circumstances it was held allotting authority is entitled to forfeit earnest money but, in this case the booking amount paid by the complainant is not a earnest money and the complainant has not paid any installment she has simply blocked the apartment by paying Rs.3,00,000/- Therefore, the judgment of Honble Supreme Court can not be made applicable to the facts of the present case. The another judgment relied by the opposite party is of Haryana State Consumer Disputes Redressal Commission, reported in III 2009 CPJ 138 this is also case pertaining to Haryana Urban Development Authority in that case also earnest money was paid, flat surrendered as complainant not in a position to deposit 15% towards price of the flat, allotment cancelled, 10% earnest money forfeited as per HUDA policy. That was a case governed by rules and policies of HUDA so under those rules and policy 10% earnest money was forfeited. But in this case there is no such policy or rules authorizing the opposite party to forfeit 25% of booking amount and more over the amount paid by the present complainant is not at all earnest money. Another decision relied on by the opposite party is of Honble National Commission reported in SC & NC Consumer Court case page 2769-2771 in that case it was held the complicated questions can not be adjudicated on merits by the consumer forum, remedy can be sought at a civil court. Again, how can this ruling is applicable to the facts of the present case. The present case is not a complicated case. It is a simple case seeking refund of the amount paid for booking of the flat. Therefore, none of the decisions relied on by the opposite party are helpful. Therefore, taking into consideration of all the facts it is a fit case to allow the complaint and direct the opposite party to refund Rs.75,000/- which has been withheld without any authority of law. The complainant has prayed grant of Rs.1,00,000/- as compensation for mental agony. There is no proof or any document to show as to how the complainant suffered mental agony by the act of the opposite party. Therefore, it is not a case to grant compensation. The ends of justice will be met in ordering refund of amount of Rs.75,000/-. In the result, I proceed to pass the following:- ORDER 6.
The complaint is allowed. The opposite party is directed to refund Rs.75,000/- to the complainant within 45 days from the date of this order. In the event of non compliance of the order within the 45 days the said amount carries interest @ 6% p.a. from the date of filing complaint till payment / realization. 7 The complainant is also entitled for Rs.2,000/- as cost of the present proceedings from the opposite party. The opposite party is directed to send the amount as ordered above directly to the complainant through DD or Cheque with intimation to this Forum. 8. Send the copy of this Order to both the parties free of costs immediately. 9. Pronounced in the Open Forum on this 8th DAY OF JULY 2010. Order accordingly, PRESIDENT We concur the above findings MEMBER MEMBER
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