Sameer Goyal (as) 11 July 2012

Need guidance wether its worthy to file a case or not

hello to everyone...

i am a resident of bathinda,punjab... last year in the month of aug-sep, BDA(bathinda development authority) had announced a draw scheme for allotment of plots in urban area. for which the application form cost was rs 500 and earnest money of around 1lakh had to be depositted. as i like many other applicants got a loan for earnest money from PNB & paid interest money of around 5000 to the bank. the draw was scheduled in the month of december 2011. but due to some dispute of land owners(farmers) and BDA, the matter gone to supreme court and the draw was postponed at that time. but in march-2012, supreme court ordered BDA to refund the earnest money to the applicants if they want to get refund as the next hearing of case is in oct-2012. as i dont want to cancel my candidature,i am not going to cancel the application and not want to take refund. but now i have to pay interest for more time to bank which is around 7000. now i have some quries in mind. is it possible to file a case against BDA on this matter...?? my points are:

1. If BDA didn't had complete ownership or had any weak point where due to which dispute could arisen than what was hurry to BDA to announce for draw?

2. now if someone want to take his application back & cancel his candidature to get his/her refund, he is in loss of app (5000+500) rs.

3. BDA is not in any loss any how because BDA has invested the earnest money collected from people to banks on higher rate of interests and as much as time would be elapsed in decision, BDA would get more profit.

isn't it exploitation of public?can we file a case in consumer court for same?i am enclosing copy of THE TRIBUNE news paper. regarding this news.

please do reply..

thanking in advance...

lukesh garg

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2 Replies

Anish Thakur 7018812737 (advocate) 12 July 2012

ashu garg

you can file suit for specific performance of contract against bda as per contract draw is not schuduled and bda is avoiding the nature of contarct.,you can also file suit against bda for the recovery of loss you suffered due to negligenec and delay from bda side.

feel free to call on 9459321520

surjit singh (Assistant) 12 July 2012

Since the matter is in Supreme Court I think it is not advisable to approach for specific performance of contract although you can approach for recovery of loss, but it should be kept in mind that the supreme court has ordered for fund of amount if the applicant wants. If possible one can also approach the supreme court on the matter stating about the interest being paid by the incumbent on the loaned amount, I am sure the court will take note of it and incorporate the issue in its final order after the October, 2012 hearing.

The practical difficulty is that since the matter is pending before the supreme court it is very very unlikely that any judge of lower judiciary will take the burn of pass any order as regard the issue of payment of interest by the incumbent on the loan amount.

Most prefered advice will be to wait for supreme court orderafter filing an application in this matter