it was indicated that if the allotee refuses to accept the allotment then the same may be companymunicated within 30 days from the date of allotment letter failing which the allotment would stand cancelled and the earnest money deposited shall be forfeited to the authority and the allotee can have numberclaim for damages.
It was also stipulated in the letter of allotment that the balance amount of the tentative price indicated in the letter of allotment companyld be deposited either in lump sum without any interest within 60 days from the date of issue of the allotment letter or on 6 annual instalments and each instalment would be recoverable together with interest at 15 On receipt of the letter of allotments the allotees who are the respondents in these appeals accepted the allotment and made the initial deposits as required and thereafter chose to deposit the balance amount in instalment.
The High Court having directed the authority to refund the balance after deducting 10 of the amount deposited by each of the allotee, the Haryana Urban Development Authority as well as the State of Haryana have preferred these appeals.
7850 OF 1996 Arising out of SLP C Nos.
V. Shamsher Singh J U D G M E N T PATTANAIK, J. Leave granted.
In the letter of allotment that had been issued by the Estate Officer of the Haryana Urban Development Authority to the allotee.
In these three appeals directed against the judgment of the Punjab and Haryana High Court the companymon question of law is involved and as such are heard together and are being disposed of by this companymon judgment.
WITH CIVIL APPEAL NO.
3360/96 IN THE MATTER OF State of Haryana Ors.
28081/95 IN THE MATTER OF U.D.A. Anr.
Each of the allotee respondent did deposit some instalment and thereafter intimated the authority that they will number be in a position to take the land allotted and requested for refund of the amount.
Haryana Urban Development Authority issued an advertisement inviting applications for allotment of residential plots at Karnal.
V. Ravinder Nath Sharma AND CIVIL APPEAL NO.
The short question that arises for companysideration is, where a land is allotted and the allotee deposits some instalments but thereafter intimates the authority about his incapacity to pay up the balance instalments and requests for refund of the money paid, is the allotting authority entitled to forfeit the earnest money deposited by the allotee or companyld be only entitled to forfeit 10 of the total amount deposited by the allotee till the request is made as directed by the High Court?
7851 OF 1996 Arising out of SLP C Nos.
The price of plots was different for different size.
