\ \J: IN THE HIGH COURT OF DELHI AT NEW DELHI WP(C)No.7346/2OO8 # Shri Sachin Dhir Through : Versus Municipal Corporation of Delhi Through : Mr. Ravi Basi, Advocate ORDER L7:L2.2004 CORAM: HON'BLE MR. JUSTTCE G.S. SISTANI 1. Whether reporLers of local papers may be Judgment ? 2. To be referred to the Reporter or not? 3. Whether the Judgment should be reported G.S. SISTANL I. (ORAL): Petitioner Respondent allowed to see the in the Digest? .-Lr 1. The petitioner has filed this petition under Article 226 of the Constitution of India against the alleged arbitrary action of the respondent in not handing over the physical possession of the 'carlscooter parking site' at the Alaknanda Market despite having received Rs. 6,20,7441- towards the security and advance licence fee of Rs. 1,55,IBGI-. The petitioner also states to have deposited eleven (11) Post Dated Cheques towards the license fee for the above said parking site. The petitioner prays before this CourL for issuance of an appropriate writ/order/direction to the respondent to refund the entire amount deposited by the petitioner pursuant to the provisional offer letter No. DC/RPClZone Code 647, dated WP(C)No.7346/2OOB Page 1 of 5 Signed By:RAM DATT Signing Date:04.07.2024 15:32 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified ( 12.12.2OO7 issued by the respondent to the petitioner, alongwith an interest at 24 percent per annum and also damages. 2. The facts of the case are summed up as hereunder. As per the petition, on 25.07.2007 the respondent invited sealed tenders from the public at large for allotment of 104 MCD authorised ordinary road side carlscooter parking sites on a monthly license fee basis for a period of two years with effect from the date of handing over the site to the licensee. Learned counsel for the petitioner submits that the petitioner also submitted his sealed tender towards the allotment of a parking site at Alaknanda Market and deposited earnest money of Rs. 50,000/-. Since the tender bid of the petitioner was the highest, a provisional offer letter dated 12'12'2007 , bearing No' DC/RPQlzone code 647 was addressed to the petitioner by the respondent for the parking site at Alaknanda Market. 3. lt is the case of the petitioner that pursuant to the provisional offer letter dated I2.L2.2007, the petitioner deposited the requisite amount on 01.01.2008 and vide letter dated 3I.12.2007 the petitioner informed the respondent that it had ' complied with all the formalities necessary for the allotment of the parking site to the petitioner and thus requested the respondent that physical possession of the said parking site be handed over to the petitioner. Learned counsel submits that the 'l *, WP(C)No.734612008 Page 2 of 5 ( ! respondent however, failed to deliver the physical possession of the parking site in question and thus vide letter dated 20.02.2008 the petitioner requesteO the respondent for refund of the entire amount deposited by the petitioner. The petitioner thereafter sent a reminder to the respondent vide letter dated 12.08.2008. Learned counsel for the petitioner submits that despite several communications and personal visits made by the petitioner, the respondent failed and neglected to take any action and/or to refund the huge amount deposited by the petitioner. As neither the physical possession of the site was handed over to the petitioner nor the amounts were refunded with interest, the petitioner has forced to approach this Court. 4. At this stage, learned counsel for the respondent submits that the respondent has no objection in returning the security deposit of Rs.6,2O,7441- (equivalent to four month license fee) and the advance license fee of Rs. 1,55,1861- deposited by the petitioner with the respondent as well as 11 post dated cheques of Rs. 1,55,186/- each. Learned counsel however submits that as per clause 5 of the agreement entered into between the parties, the respondent is not liable to pay any interest. The said clause 5 of the agreement as culled out from para 9 of the counter affidavit reads as under: "[t]he security deposit will not carry any interest in any circumstances." lk' WP(C)No.7346|2OOB Page 3 of 5 'l I 5. Learned counsel for the petitioner submits that the petitioner is entitled to interest on the entire amount sought for by the petitioner. And in support of the same, learned counsel for the petitioner relies upon an order passed by this court in the case of Monu Mehta vs. MCD being CW No' 472L of 2OOO' 6. I have heard learned counsel for the parties and who have taken me through the record of this case. In view of the stand taken by the learned counsel for the parties, the respondent is directed to refund the entire amount deposited by the petitioner towards allocation of the parking site at Alaknanda Market, pursuant to. the notice inviting tender. dated 25.07.2OO7, issued by the respondent. In this case, admittedly, the petitioner deposited the earnest money of Rs.50,000/- together with licence fee of one month on 25.07.2007. The respondents issued a provisional offer letter on 12 .12.2007. Thereafter despite repeated requests and reminders the respondents failed to hand over the site to the petitioner nor refunded the money deposited by the petitioner' The respondents have failed to render any explanation much less any cogent explanation as to why the site was not handed over to the petitioner nor any explanation has been rendered as to why the amounts were not refunded. Having regard to the facts of this . case, the respondent is also directed to pay simple interest at the rate of 6 per cent per annum on the entire amount t WP(C)No.734612008 Page 4 of 5 P including the security deposit from the date of deposit till payment to the petitioner. 7. With these directions the petition is allowed accordingly. sa December L7, 2OO8 /- -^a's'-{"tts-" G.S. S|STANI, J. _1 WP(C)No.7346l2oOB Page 5 of 5