HARYANA URBAN DEVELOPMENT AUTHORITY Vs. B K SOOD

JUDGEMENT

(1.) Leave granted.

(2.) In this appeal an order passed by the National Consumer Disputes Redressal Commission (hereinafter referred to as the "National Commission") is challenged to the extent that the National Commission had awarded two lacs compensation which was to be paid by the appellant to the respondent.

(3.) The appellant held an auction of booth sites plots/building at No. 90, Sector 9 at Panchkula on free hold basis in 1986. The respondent bid for one booth/ site plot which was accepted by the appellant. An allotment letter was issued on 12th January, 1987 to the respondent in which it was mentioned that the allotted area of the booth/ site was 45.37 sq. meters including the side verandah at a price of Rs. 2,53,000/- which could be paid in instalments. After adjusting the earnest money deposited, the respondent was required to pay the balance of 25% of the price of the plot within 30 days upon which the possession of the booth site would be given. The balance amount of the purchase price of Rs. 1,89,750.00 was payable in ten half yearly instalments, the first of which was payable after the expiry of six months. In terms of the allotment letter the last instalment was payable on 12th December, 1991. The allotment letter also mentioned that each instalment would be recoverable together with interest on the balance price at 10% interest on the remaining amount which would start to accrue from the date of offer of possession of the said booth.