JUDGMENT

Vinod S. Bhardwaj, J. (Oral)

The present petition raises a challenge to the award dated 26.03.2015(Annexure P-8) passed by the Permanent Lok Adalat, Public Utility Services, Gurgaon to the extent whereby the Permanent Lok Adalat has awarded interest to the petitioner w.e.f. 14.11.2011 till the date of actual payments.

2. Briefly summarized, the facts of the present case are that the petitioner-applicant became a member of the respondent no.2-society on 10.08.1995 after depositing a membership fee of Rs.1,93,750/- through cheque No. 427681 drawn on Punjab National Bank, Shahdara, Delhi for allotment of a plot No.1585 measuring 250 square yards. Membership No. 7443 (wrongly mentioned as 7442 in the impugned award) was allotted to the petitioner and a share certificate of Rs. 100 was issued to her.

3. Eventually, plot No. 1585 measuring 250 sq. yards was stated to have been allotted to the petitioner-applicant, however, possession of plot was ever handed over.

4. The petitioner-applicant contends that the managing committee of the society had been put under suspension and that management had been handed over to the Board of Administrators. Claims from the members were invited whereupon the petitioner submitted her claim seeking delivery of possession of the plot and for execution and registration of deed of conveyance in relation to plot No. 1585 (supra).

5. The needful having not been done, an application under Section 22 (C) of the Legal Services Authority Act, 1987 was preferred before the Permanent Lok Adalat (Public Utility Services) Gurgaon.

6. The respondent-society filed its reply and stated that the claim in question could not be entertained by the Permanent Lok Adalat as it has been barred under Section 128 of the Haryana Co-operative Societies, Act, 1984.

7. No other dispute on the merits of the deposit of the amount, membership of the petitioner etc. were, however, raised. Efforts of conciliation were made by the Permanent Lok Adalat (Public Utility Services) and since the said efforts failed to arrive at an amicable resolution, adjudication was undertaken in terms of section 22 (C) (8) of the Legal Services Authorities Act, 1987.

8. Upon consideration of the rival submissions advanced by the parties, the Permanent Lok Adalat (Public Utility Services) Gurgaon allowed the said application and directed the respondent-society to refund the amount of Rs.1,93,750/- deposited by the petitioner-applicant towards purchase of the plot against her membership No. 7443 along with interest @ 9 % p.a. from the date of filling of the application before the Permanent Lok Adalat (Public Utility Services) Gurugram i.e. 14.11.2011 till the date of actual disbursement.

9. Aggrieved thereof, the present petition has been preferred.

10. Learned counsel appearing on behalf of the petitioner contends that the Permanent Lok Adalat made an error in awarding interest w.e.f. 14.11.2011 till the date of actual disbursement and interest ought to have been awarded with effect from the date when the applicant-petitioner deposited the above said amount with the respondents i.e. 10.08.1995.

11. She submits that the petitioner has been subjected to much harassment and that money has remained blocked for no reason.

12. Learned counsel appearing on behalf of the respondent-society however submits that there is no error in the order passed by the Permanent Lok Adalat (Public Utility Services) to the extent whereby the interest for the period prior to submission of application seeking refund has not been awarded