Joginder Singh Benipal v. Punjab Small Industries & Export Corporation Ltd.
2001-08-23
ASHUTOSH MOHUNTA, JAWAHAR LAL GUPTA
body2001
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JUDGMENT Jawahar Lal Gupta, J. (Oral) - The petitioner had applied for the allotment of a plot measuring 7500 square yards for setting up an industrial unit. The application was submitted on March 24, 1999 alongwith a bank draft for an amount of Rs. 2, 25, 000/-. On May 29, 2000, the petitioner was informed that plot No. A008 measuring 7500 square yards at the Industrial Focal Point, Mandi Gobindgarh is proposed to be allotted to him on 99 years lease hold basis. The lease was renewable for another term of 99 years. The price of the plot was stated to be Rs. 23, 17, 500/- The petitioner was required to deposit Rs. 7, 02, 000/-. The remaining amount was to be paid in instalments The petitioner made this deposit on August 11, 2000 through a bank draft. After the deposit of the amount. the petitioner discovered that the plot allotted to him did not measure 7500 square yards. It was further found that the electric cables were passing through the land and that it was not possible to utilise the plot. Instead of redressing the petitioners grievance, the respondents addressed a communication dated January 3, 2001, demanding an additional amount of Rs. 3, 63, 848/- on account of the instalment. The petitioner requested the authorities to allot a plot measuring 7500 square yards. Having failed to get the plot, the petitioner has filed the present writ petition with the prayer that the respondents be directed to refund the amount of Rs. 9, 27, 000/- alongwith interest. 2. Despite opportunity, no written statement has been filed on behalf of the respondent Corporation. However, Mr. Rajdeep Singh Cheema, learned counsel for the respondents states that the Corporation is now willing to allot a 7500 square yards plot to the petitioner. 3. However, this offer is not acceptable to Mr. Jattana, learned counsel for the petitioner. He presses the prayer for refund of the amount already deposited. 4. Admittedly, the petitioner had applied for a plot measuring 7500 square yards. The respondents had informed him vide letter dated May 29, 2000 that a plot measuring 7500 square yards had been allotted. The petitioner on the faith of this representation had deposited an amount of Rs. 7, 02, 000/-. Subsequently, it was found that the plot allotted to the petitioner was not of the required specifications.
The respondents had informed him vide letter dated May 29, 2000 that a plot measuring 7500 square yards had been allotted. The petitioner on the faith of this representation had deposited an amount of Rs. 7, 02, 000/-. Subsequently, it was found that the plot allotted to the petitioner was not of the required specifications. Consequently, the petitioner had required the respondents to refund his money. A copy of the notice served by the petitioner is at Annexure P8 with the petition. The respondents having failed to refund the money, he has approached this Court. 5. After hearing learned counsel for the parties, we find that the grievance made on behalf of the petitioner is well founded. The respondents had wrongly represented that a plot measuring 7500 square yards had been allotted. The plot was actually of a lesser size. On the faith of the representation made by the respondents, the petitioner had paid an amount of Rs. 7, 02, 000/-. Thereafter the respondents did not redress his grievance despite requests. Finally the petitioner has chosen to withdraw his request for allotment of the plot and seek the refund. Since the respondents had taken the money by representing that the plot measuring 7500 square yards had been allotted to him and this representation was admittedly incorrect, the petitioner is entitled to the refund of the amount paid by him. 6. No other point has been raised. 7. In view of the above, the writ petition is allowed. The respondents are directed to refund the amount of Rs. 9, 27, 000/- to the petitioner alongwith interest at the rate of 10% from the date of deposit till the date of refund. The refund shall be made within one month from the date of receipt of a copy of this order. In case of failure to refund the amount within the stipulated period, the petitioner shall be entitled to interest at the rate which the respondents charge in case of default of payment. 8. In the circumstances of the case, there will be no order as to costs. Petition allowed.