Judgment Satish Kumar Mittal, J. 1. The petitioner Society, namely The New Superstar Cooperative Group Housing Society, has filed the instant petition for quashing of the order Annexure P-21, dated January 10, 2002, whereby it has been intimated to the petitioner society that earnest money deposited by it cannot be refunded. 2. In pursuant to the advertisement made by the Registrar, Group Housing Cooperative Society, Chandigarh (Haryana) in the year 1996 for sale of land/sight for Cooperative Group Housing Society, Gurgaon, the petitioner society applied for allotment of 4048 square meters of land to it. As per the brochure published, the applicant was required to deposit 10% of the estimated cos.t of the land which was fixed at Rs. 62,56,000/-. In view of that, the petitioner society deposited Rs. 6,25,600/- on February 16, 1996 alongwith other documents with the respondents. But the plot could not be allotted to the petitioner society under the aforesaid Group Housing Scheme, 1995. Subsequently, the respondents floated a new scheme known as Group Housing Scheme, 1998 and invited applications from the eligible societies/persons. The petitioner society was permitted to be considered under the new scheme on the basis of its old application provided the petitioner society deposited the 10% amount of the estimated price of the plot under the new scheme. Consequently, the petitioner society was required to deposit Rs. 4,71,700/- the difference amount of the 10% of the estimated cost of the plot under new scheme. The petitioner society deposited the said amount. 3. Ultimately, claim of the petitioner society was considered and the respondents issued a letter of intent for allotment of land to the petitioner society in Sector 9-A at Gurgaon. As per this letter of intent dated March 26, 1999, Annexure P-11, the petitioner society was allotted the land measuring 4033 square meters @ 2711/- per square meters. According to Clause 3 (B) (i) of this letter, the petitioner society was required to accept the offer within 60 days from the date of issuance of the letter of intent and was required to deposit the amount of Rs. 16,39,876/- being 15% of the estimated cost. The remaining amount of 75% of the estimated cost was to be paid by the allottee within 60% days from the date of issuance of final allotment letter. 16,39,876/- being 15% of the estimated cost. The remaining amount of 75% of the estimated cost was to be paid by the allottee within 60% days from the date of issuance of final allotment letter. In response to the said offer, the petitioner society wrote a letter dated May 14, 1999 intimating to the respondents that the petitioner society was not willing to accept the offer of land allotted to it in Sector 9-A, Gurgaon and requested that the allotment be cancelled and the amount of Rs. 10,97,300/- deposited by it with HUDA be refunded to it forthwith. 4. Inspite of the fact that the petitioner society did not accept the offer made by the respondents, earnest money paid by the petitioner society was not refunded. Various representations were made by the petitioner society, but the respondents did not refund the aforesaid amount deposited by the petitioner as earnest money. Ultimately, the Estate Officer, HUDA-respondent No. 3. Vide his letter dated January 10, 2002 informed the petitioner society that the earnest money deposited by the petitioner cannot be refunded. The petitioner has impugned the aforesaid order in the instant petition and also prayed that the respondent-HUDA be directed to refund to it the aforesaid amount of earnest money of Rs. 10,97,300/- alongwith interest @ 18% p.a. 5. In their written statement, the respondents have contested the aforesaid claim of the petitioner on the ground that the request of the petitioner society for refund of earnest money was not accompanied with the resolution of society duly verified by the Registrar, Cooperative Societies, Haryana. It is argued that as per condition 3(C) of letter of intent, the petitioner society was required to apply for refund of earnest money alongwith copy of resolution passed by the society duly attested and verified by the Registrar, Cooperative Societies, Haryana. Clauses 3(B) and (C) of letter of intent are reproduced below for ready reference:- B) Mode And Schedule of Payments:- i) The applicant shall, unless He/she refuses to accept this offer within 60 days from the date of issue of this letter of intent deposit with the Estate Officer, HUDA, Gurgaon the amount mentioned in para 2(ii) as the tentative cost price of land, computed according to the cost of land indicated at (A) above. In case of failure to deposit the said amount within 60 days the period can be extended for 60 more days from the payment of interest @ 18% p.a. chargeable from the date of issue of this letter. Further condonation of delay upto 3% days may be permitted by C.A. HUDA on payment of surcharge and interest at the rates mentioned above the letter of intent shall be cancelled and 10% of the amount already deposited as earnest money will be forfeited by HUDA. ii) After the receipt of above documents and 15% amount, the allotment would be confirmed and a final allotment letter in Form B will be issued to society/organisation. The remaining 75% of the tentative cost price may be paid as under :- a) Either in lumpsum without interest within 60 days from the date of issue of allotment letter in the form of Bank Draft payable to the Estate Officer, HUDA Gurgaon or b) In 5 equal annual instalments alongwith interest @ 15% p.a. on the balance amount chargeable where development works in the area of the sector have already been completed, and in case where unmatalled road and water supply are made available after one year moratorium. iii) The above price is tentative to the extent that any enhancement in the cost of land awarded by the Competent Authority under the Land Acquisition Act shall also be payable proportionately as determined by the Authority within 30 days of its demand. iv) The land/building shall continue to vest in the Authority until the entire consideration money together with interest and other amount if any, due to the Authority on account of the sale of such land or building or both is paid. The transferee i.e. society/organisation shall only have the right of accept the deposits in respect of membership fee and self financing or any other scheme from its members but shall have no right to transfer by way of sale, gift, mortgage or otherwise the land/building or any part thereof or any right/title of interest there in till full price has been paid to the Authority except with the prior permission of the Competent Authority. v) The society/organisation shall maintain a separate Bank account of all the moneys received by it and expenditure incurred and the same can be inspected by HUDA at any time. (C) Procedure for refunds of earnest money. v) The society/organisation shall maintain a separate Bank account of all the moneys received by it and expenditure incurred and the same can be inspected by HUDA at any time. (C) Procedure for refunds of earnest money. The Co-operative Group Housing Societies shall have to apply for refund of earnest money alongwith a copy of resolution passed by the society for the same, duly attested and verified by the Registrar, Cooperative Societies. Haryana Govt. organisations shall have to apply for refund of earnest money. Refund shall be allowed till the issuance of the final letter of allotment in favour of the society/organisation. In such situation, except the amount of interest paid by the society/organisation for delayed payment, no amount shall be deducted by the HUDA from the earnest money deposited by the society/organisation. Refund shall be allowed after the issuance of final letter of allotment. However, in this case, 10% of the amount of earnest money already deposited by the society/organisation forfeited and the balance amount shall be refunded. After handing over the possession, 10% of the total amount deposited till that date including default amount shall be forfeited. No partial surrender of land shall be allowed once acceptance has been received and agreement has been signed by the allottee/society. However, against refund to the societies/organisations unsuccessful in the draw of lot, no deduction will be made and no interest shall be paid by HUDA for the period the amount remained deposited with HUDA). After hearing learned counsel for the parties, we are of the opinion that the impugned order dated January 10, 2002 passed by respondent No. 3 is liable to be quashed and the respondents are liable to refund the amount of earnest money of Rs. 10,97,300/-to the petitioner society. Clause 3(B)(i) of the letter of intent dated March 26, 1999 clearly stipulates that the letter of intent of allotment of land was an offer, which the applicant of plot holder could have refused or accepted within a period of 60 days from the date of issuance of said letter. In case, the applicant was willing to accept the offer, he was further required to pay 15% amount of the tentative value of the plot as mentioned in the letter within a period of 60 days. Thereafter, on receipt of aforesaid 15% amount, final letter of allotment was to be issued. In case, the applicant was willing to accept the offer, he was further required to pay 15% amount of the tentative value of the plot as mentioned in the letter within a period of 60 days. Thereafter, on receipt of aforesaid 15% amount, final letter of allotment was to be issued. The petitioner society was provided a period of 60 days for accepting or rejecting the aforesaid offer. Once the petitioner society refused to accept the aforesaid offer vide its letter dated May 14, 1999, no contract was complete, and the respondents were not justified to keep the aforesaid earnest money deposited by the petitioner. The petitioner Society refused to accept the offer of allotment before issuance of the final allotment letter, Clause 3(C) of letter of intent provided only the procedure for refund of earnest money. The right of an applicant to get the refund is dependent upon Clause 3(b)(i) of the letter of intent. In the instant case, the respondents have refused to refund the earnest money to the petitioner society on the ground that when the request for not accepting the offer was made, it was not accompanied by a copy of resolution passed by the society which was duly attested and verified by the Registrar. On this ground, claim of the petitioner society for refund of earnest money cannot be declined. While making payment to the society, the respondents can ask for a copy of resolution which was duly attested and verified by the Registrar, Cooperative Societies, Haryana, but they cannot withhold the amount. 6 Learned counsel for the petitioner has stated that the resolution which was duly counter-signed by the Assistant Registrar, Cooperative Society, Gurgaon, has already been sent to the respondents and inspite of that, they are not releasing the earnest money deposited by the petitioner society. The stand of the respondents that the said resolution was not signed, verified and sent within 60 days from the date of issuance of intent letter, therefore, amount cannot be refunded, is totally unjustified. 7. In view of the aforesaid, we allow the instant petition and quash the order dated January 10, 2002-Annexure P-21 passed by respondent No. 3 and direct the respondents to refund the earnest money of Rs. 10,97,300/- @ 9% p.a. to the petitioner society within a period of 60 days. No order as to costs.