1. THE relief claimed in this Original Petition is to direct the Haryana State Industrial Corporation Ltd. to deliver an industrial plot measuring 1 acre to the complainant at Gurgaon or in the alternative at Bahadurgarh immediately upon the payment of the same in terms of the allotment agreed to be made in the year 1983 and on the rates as were prevalent in 1983 or in the alternative, the opposite party be directed to pay compensation of Rs. 50 lakhs to the complainant for the loss suffered by them and interest for the misuse of the amount of the petitioner for approximately over 10 years at the rate of 24% per annum with quarterly rest on the amount of Rs. 5,95,000/- admittedly received by the opposite party.
2. IT is unnecessary to notice the facts in detail. Suffice it to say that the complainant in pursuance of the offer of the opposite party for sale of plots to entrepreneurs interested in setting up their industries sent a complete application with a demand draft of Rs. 48,000/- to the opposite party for allotment of 4000 sq. mtrs, industrial plot in Udyog Vihar, Gurgaon. The payment was made by bank draft dated 14.2.83. In October, 1983 the opposite party made an additional demand of Rs. 72,000/- being the 5% of the cost of an industrial plot measuring 4000 sq. mtrs. in Udyog Vihar, Gurgaon and accordingly the complainant sent on 17.11.83 another demand draft for Rs. 72,000/-. The complainant was informed in January, 1984 that it had been allotted a plot measuring 4,000/- sq. mtrs. in Phase-IV, Udyog Vihar, Gurgaon. As the complainant was not handed over the possession of the plot because of the pendency of the cases before the Supreme Court challenging the acquisition of the land, the complainant requested the opposite party to allot an alternative plot in lieu of the plot allotted. The opposite party informed the complainant in their letter dated 18th August, 1985 that a writ petition was pending before the Hon''ble Supreme Court by the original owner of the plot and there was the difficulty being faced by the opposite party in handing over the possession of the plot to the complainant and offered the complainant the refund of the money. The complainant, however, wrote back to say that it is not interested to take the money back and requested the opposite party to allot it an alternative plot in any other phase. The complainant read in newspaper that the Hon''ble Supreme Court dismissed the writ petition and requested for the allotment of the plot. The opposite party after the vacation of the stay by the Supreme Court stated that the land in question could be allotted to the complainant on an increase rate and a demand of Rs. 4,75,000/- was made. The amount of Rs. 4,75,000/- was deposited by the complainant with the opposite party on 16.2.90. Finally plot bearing No. 233 in Udyog Vihar, Gurgaon was allotted to the complainant. The opposite party visited the plot in March, 1991 which was allotted to it and found that the said plot was already occupied by M/s. Universal Tiles and Marbles. The complainant requested the opposite party to take immediate action to get the plot vacated and handover the vacant peaceful possession of that but the opposite party did not do anything in the matter and sat tight over Rs. 5,95,000/- deposited by the complainant with the opposite party. There was a lot of correspondence between the parties after which the opposite party without any communication sent a cheque bearing No. 350838 dated 16.6.93 for an amount of Rs. 5,95,000/- towards the refund of the money deposited with the opposite party. The cheque was accepted by the complainant without prejudice to its right and subsequently the present complaint has been filed. The opposite party has also filed version.
The case was heard on 22nd March, 1995 when it was adjourned for the limited purpose of enabling Counsel for the opposite parties to inform this Commission as to whether the opposite party is prepared to allot an alternative plot of approximately same area as had been applied for by the complainant. When the matter came up for hearing before this Commission on 9th of January, 1996, the Counsel for the opposite party produced a letter dated 20th of December, 1995 reading, "It has been decided by the Corporation to consider to allot a plot of 1 Acre at Industrial Estate Bawal to M/s. Simplicity Projects Pvt. Ltd. at prevailing rates".
The Counsel for the complainant accepted this offer, even though at "prevailing rates". She however, vehemently pressed that a sum of Rs. 5,95,000/- was retained by the opposite party and utilised by it on its activities and therefore they are liable to pay interest for the period the money was kept in deposit with them. After considering the facts and circumstances of the case we consider that interest at the rate of 18% per annum should be paid to the complainant on the sum of Rs 48,000/- w.e.f 14.12.83, on the sum of Rs. 72,000/- w.e.f. 17.8.83 and on the sum of Rs. 4,75,000 w.e.f. 16.2.90 and for all thethree payments till 16.6.93. The opposite party shall issue a formal allotment of plot measuring 1 acre at Industrial Estate, Bawal to the complainant at the prevailing rates and give adjustment of the total amount of interest as indicated above. The letter of allotment should be made within two months from the date of receipt of this order. The complaint is disposed of as above leaving the parties to bear their own costs. Complaint disposed of. ______________
