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AUGUSTINE GEORGE MASIH, VIKRAM AGGARWAL
Bhim Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Augustine George Masih, J. (Oral)
Petitioner has approached this Court praying for a writ of mandamus directing the respondents to refund the entire amount of Rs.19,19,700/- with interest at the rate of 12% per annum from the date of payment till realization as there has been forfeiture of Rs.11,38,163/- out of the total amount and a refund of Rs.7,81,537/- has been made to the petitioner on surrender of the plot which was allotted to him.
2. Learned counsel for the petitioner has referred to the allotment letter dated 26.08.2016, especially condition No.7 thereof, wherein it is mentioned that the possession of the plot will be offered within a period of three years from the date of allotment after completion of development works in the area. In case the possession of the plot is not offered within the prescribed period of three years from the date of allotment, HUDA (now HSVP) will pay interest at the rate of 9% or as may be fixed by the authority from time to time on the amount deposited by the allottee after the expiry of three years. Counsel on this basis contends that although the surrender has been made by the petitioner of the plot vide application dated 24.09.2020 (
The principle of unjust enrichment and the doctrine of legitimate expectations were central to the court's decision, emphasizing the obligation of the Development Authority to act fairly and reasonab....
An allottee has the right to choose a refund over an alternative plot when possession is not delivered, reinforcing the principle of contractual freedom.
(1) Breach of reciprocal contractual obligations – A commercial document ought not to be interpreted in a manner that arrives at a complete variance with what may originally have been intention of pa....
Authorities must clarify payment structures and ensure timely refunds, as consumer rights are pivotal in contractual agreements.
The court upheld the forfeiture of earnest money due to the petitioner's failure to comply with contractual obligations, emphasizing that reliefs sought were not maintainable under Article 226.
1. Interest will be calculated after the period of assured possession has elapsed – from when cause of action has arisen2. Arbitration is not a bar to consumer complaint
Delay in allotment of flat – Deficiency in service – Failure to provide completion/occupation certificate by Development Authority.
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