HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.19590 of 2010 Date: October 14, 2014 Between:
M. Saraswati.
… Petitioner And
1. Government of Andhra Pradesh, represented by the Secretary, Ministry of Housing and Urban Development, Hyderabad & 2 others.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.19590 of 2010 O R D E R:
Heard learned counsel for the petitioner and learned standing counsel for respondents 2 and 3.
2. The Andhra Pradesh Housing Board under the scheme ‘Rajiv Swagruha’ issued a notification calling for applications for allotment of flats named as ‘Sadbhavana’ situated at Pocharam Village, Ghatkesar Mandal, R.R. District. The petitioner submitted her application for allotment of a flat by paying requisite fee on 31.03.2007. Subsequently, she paid a sum of Rs.5,000/- towards deposit on 01.04.2007. She was allotted a flat admeasuring 1142 square feet as per her eligibility vide letter dated 18.03.2008 duly indicating tentative cost of the flat as Rs.21.00 lakhs. Since the cost of the flat was beyond her budget, she requested the 3rd respondent, vide letter dated 05.05.2008, to allot a flat of lesser size in the same venture. The 3rd respondent issued a notice on 13.08.2008 stating that she was allotted two and half bed room flat in ‘Sadbhavana’ in Pocharam Village. But she failed to remit Rs.25% of the tentative cost as required by them earlier and if she does not come forward for payment of initial tentative cost before 31.08.2008, the allotment would be cancelled and the initial charges would be forfeited. The petitioner again requested for allotment of a smaller flat, vide her letter dated 25.08.2008. The 2nd respondent agreed for change of allotment by way of endorsement dated 25.08.2008. According to the Board decision, she remitted an amount of Rs.3,25,000/- on 26.08.2008 being 25% of the tentative cost of the flat admeasuring 711 square feet. But the financial position did not permit her to purchase even a smaller extent of flat also and hence she addressed letter dated 19.01.2009 to cancel the allotment and refund the amount of Rs.3,30,250/- already paid. After six months she was paid an amount of Rs.2,76,250/- on 22.07.2009. Then she submitted a representation on 24.07.2009 seeking refund of the balance amount of Rs.53,750/- withheld by them. The respondents issued letter dated 30.08.2009 stating that the amount deducted was in accordance with the refund policy guidelines only and there is no scope of refunding of the amount claimed by her. Challenging the same, the present writ petition was filed.
3. During the hearing, a copy of Circular Memo No.424/MD/GM(mktg)/APRSCL/2007 dated 03.11.2008 was produced which reflects that after deposit of 25% if the allotment of flat is cancelled, 5% of the amount paid would be deducted. In view of the said Circular the respondent can deduct only 5% of the amount paid by the petitioner, since she deposited 25% of the tentative cost of the flat allotted.
4. In the circumstances, the writ petition is partly allowed directing the respondents to refund the balance amount (after deducting the amount of 5% of the amount paid) as per Circular Memo No.424/MD/GM(mktg)/APRSCL/2007, dated 03.11.2008 within a period of one month from the date of receipt of a copy of this order. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: October 14, 2014 BSB 2 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.19590 of 2010 Date: October 14, 2014 BSB