HARYANA URBAN DEVELOPMENT AUTHORITY Vs. SANJAY KUMAR GARG

JUDGEMENT

(1.) THE brief facts of the present case not disputed between the parties are that respondent - complainant had purchased a booth No. 65, Sector -5, Rewari in an 'Open Auction' vide allotment letter No. 2036 dated 28.3.2003 being the highest bidder. The grievance made by the complainant before the District Forum was that the appellant -opposite parties cancelled the allotment of the aforesaid booth by adopting unfair attitude towards the complainant.

(2.) UPON notice, the opposite parties appeared and contested the complaint. In the written statement they took the plea that the complainant was successful allottee of both No. 65 in public Action, but he did not deposit the 15% amount as per terms and conditions of allotment letter and for not depositing the due amount, the allotment was cancelled. Thus, denying it a case of any kind of deficiency in service, the opposite parties prayed for dismissal of the complaint.

(3.) BOTH the parties led evidence in support of their respective claims. On appraisal of the pleadings of the parties and evidence adduced on record, the District Forum accepted the complaint vide its order dated 5.9.2008 by issuing following directions to the appellant -opposite parties: