JUDGMENT : Ajay Kumar Mittal, J. 1. Prayer in this petition filed under Articles 226/227 of the Constitution of India is for a direction to the respondents to hand over possession of Plot No. 30-D in 94.97 acres Development Scheme, (Surya Enclave Extension), Jalandhar, after executing agreement for sale, carry out development work and only then start recovering remaining installments or in the alternative, return the earnest money paid on 07.09.2011 and 18.01.2012 respectively with interest at the rate of 12% per annum alongwith damages. 2. A few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. The Jalandhar Improvement Trust, Jalandhar, advertised booking for freehold residential plots inviting applications from general public in 94.97 acres Development Scheme, (Surya Enclave Extension), Jalandhar. Booking was open from 08.08.2011 to 07.09.2011. At the time of applying for the plot, earnest money to the extent of 10% was to be deposited by the person desirous of opting for that. The petitioner was interested for applying a plot of the dimension of 356 square yards, which was tentatively priced as Rs.60,52,000/-. The petitioner deposited Rs.6,05,200/- on 07.09.2011 in the State Bank of Patiala Road Branch, Nabha, Distt. Patiala. Vide letter dated 23.12.2011 (Annexure P-2), the petitioner was intimated about the allotment of corner Plot No.30-D in the above mentioned scheme. As per the terms and conditions in the allotment letter, the petitioner was to deposit a sum of Rs.13,26,538/- in order to get executed the agreement of sale of the plot in her favour. After that, she was eligible to get possession of the plot on execution of agreement with the respondent Improvement Trust. The petitioner deposited further installments as required by the respondent authority. In return, the respondents were to call the petitioner for execution of agreement and for handing over the possession of the plot. Construction was to be completed within three years after getting the site plan sanctioned from the date of allotment. To begin with the construction, Water, electricity, Roads and Sewerage were pre-requisites. According to the petitioner, till date no development activity has been initiated by the respondents, in spite of lapse of more than one and a half years. The petitioner requested the respondents to execute agreement, hand over the possession and carry out development work in the area. She also filed various representations. According to the petitioner, till date no development activity has been initiated by the respondents, in spite of lapse of more than one and a half years. The petitioner requested the respondents to execute agreement, hand over the possession and carry out development work in the area. She also filed various representations. Having received no response, she has filed the instant writ petition before this Court. 3. A written statement has been filed on behalf of respondent Nos. 1 and 3 wherein it has been inter-alia stated that the petitioner has concealed the fact that she has not paid the first, second and third installments of Rs.12,48,225/-, Rs.11,98,296/- and Rs.11,48,367/- which fell due on 21.06.2012, 21.12.2012 and lastly on 21.06.2013 respectively. It has been further stated that part payment of Rs.10 lacs has been released to the Punjab Water Supply and Sewerage Board for laying the water and sewerage lines. 4. An additional affidavit has also been filed by the Executive Officer Improvement Trust, Jalandhar wherein it has been stated that the development in the area is being pursued. The road and water supply to the plots is almost complete and the work with regard to 250 square yards is under progress. The entire work of sewerage in the said scheme has been handed over to the Punjab Water supply and Sewerage Board which has issued the tender process and is likely to complete the same. In view of the above, the allottees of the scheme can approach the authorities for completing the sale formalities and thereafter take possession of their plots after demarcation. It has been further stated that the Improvement Trust while keeping in view problems of the allottees vide resolution dated 17.08.2015 proposed that the penal interest and other penalties be remitted and the allottees have been given a chance to deposit the balance amount with simple interest and without any penal interest or penalty. 5. Replication has been filed by the petitioner to the written statement and the additional affidavit controverting the stand taken by the respondents and reiterating the averments made in the writ petition. 6. Learned counsel for the petitioner submitted that the delay in depositing amount of 25% was unintentional and beyond the control of the petitioner. 5. Replication has been filed by the petitioner to the written statement and the additional affidavit controverting the stand taken by the respondents and reiterating the averments made in the writ petition. 6. Learned counsel for the petitioner submitted that the delay in depositing amount of 25% was unintentional and beyond the control of the petitioner. Reliance was placed on judgment dated 1.7.2015 passed by the National Consumer Disputes Redressal Commission, New Delhi in First Appeal No.1216 of 2014, Jalandhar Improvement Trust and another vs. Sanjay Gupta, Annexure P.13. On the other hand, learned counsel for the respondents controverting the aforesaid submission submitted that as per the payment schedule, the petitioner had not deposited the installments within the stipulated period. The petitioner having defaulted in depositing the amount, the possession of the plot and execution of the agreement had been rightly declined by the respondents. 7. We have heard learned counsel for the parties. 8. Admittedly, in August, 2011, the respondents advertised freehold residential plots in Jalandhar in 94.97 acres Development Scheme (Surya Enclave) Jalandhar. The petitioner applied for the plot measuring 350 square yards and deposited an amount of Rs.6,05,200/- being 10% of the tentative price of the plot in the State Bank of Patiala Branch, Nabha on 07.09.2011. Vide letter dated 23.12.2011, the petitioner was intimated about allotment of corner plot No.30-D in the above mentioned scheme. The petitioner deposited Rs.13,26,538/- vide bank drafts dated 19.01.2012, amounting to Rs.5,00,000/-, Rs.3,76,538/- and Rs.4,50,000/-. After depositing the said amount, she was entitled to get executed agreement and to get possession of the plot. She filed various representations for the same but in vain. As per stand of the respondents, the petitioner failed to deposit first, second and third installments on due date. There was no satisfactory explanation from the petitioner for the delay in depositing the amount in time. Further, vide resolution dated 17.08.2015, the allottees were given a chance to deposit the amount without any penal interest or penalty. The petitioner deposited 25% on 19.01.2012 but subsequently failed to deposit the installments. Since the petitioner defaulted in depositing installments, the respondents authorities issued notice dated 11.01.2013 calling upon the petitioner to deposit the balance amount failing which the resumption proceedings were to be initiated. She filed the representation but neither deposited the installments nor came forward to execute the agreement. Since the petitioner defaulted in depositing installments, the respondents authorities issued notice dated 11.01.2013 calling upon the petitioner to deposit the balance amount failing which the resumption proceedings were to be initiated. She filed the representation but neither deposited the installments nor came forward to execute the agreement. Confronted with this situation, the petitioner restricted her claim to the refund of the amount alongwith interest, in terms of order dated 01.07.2015 passed in Appeal No. 1216 of 2014 by the National Consumer Disputes Redressal Commission, New Delhi in the case of Jalandhar Improvement Trust & another Vs. Sanjay Gupta which had under similar circumstances under 94.97 acres scheme for allotment of residential plots in Surya Enclave Extension, Jalandhar wherein the Jalandhar Improvement Trust was directed to refund the amount debited by the applicants/allottees alongwith interest 9% per annum till the date of payment. 9. In view of the stand taken by the petitioner restricting her claim to the refund of the amount, we direct the respondents to refund the amount deposited by the petitioner alongwith 9% interest per annum. The writ petition stands disposed of accordingly.