HARYANA URBAN DEVELOPMENT AUTHORITY Vs. VIRESH SANGWAN

JUDGEMENT

(1.) Whether the appellant - Haryana Urban Development Authority (HUDA) is obliged to ensure that no encroachment is made on the plot allotted by it after possession thereof has been delivered to the allottee is the question, which arises for consideration in this appeal filed against the order of the National Consumer Disputes Redressal Commission (for short, 'the National Commission') whereby the revision filed by the appellant was dismissed and the orders passed by the State Consumer Dispute Redressal Commission, Haryana (for short, 'the State Commission') and District Consumer Disputes Redressal Forum, Gurgaon (for short, 'District Forum') were approved.

(2.) Plot No. 478 (measuring 335.50 square meters), Sector 12-A was allotted by the competent authority of HUDA to Shri Champat Jain in January 1986 subject to the terms and conditions specified in allotment letter dated 23.1.1986 issued under Regulation 5 (3) of the Haryana Urban Development (Disposal of Land and Buildings) Regulations, 1978 (for short, 'the Regulations'). The possession of the plot was handed over to Shri Champat Jain on 27.2.1998 by Shri Om Prakash, Junior Engineer, HUDA, Gurgaon. The allottee accepted the possession and signed the possession certificate, the relevant portions of which are extracted below <FRM>JUDGEMENT_287_JT13_2011_2.html</FRM>

(3.) I Champat Jain s/o Sh. J.C Jain the above named allottee of the Urban Estate, Gurgaon have taken the possession of the said plot as per above dimension, as allotted to me vide Estate Officer Allotment letter No. 1309 dated 23.01.1986.