HARYANA URBAN DEVELOPMENT AUTHORITY Vs. S K KHOSLA

JUDGEMENT

(1.) IT is an admitted case of the parties that respondent - complainant had purchased SCO site No. 11 in Old Judicial Complex from the appellant - opposite parties vide allotment letter No. 199 dated 4.2.1988 in an 'Open Auction' being the highest bidder on as and where basis. The complainant deposited 25% amount of the plot. The grievance of the complainant before the District Forum was that the possession of the plot was not offered to him after providing all the basic amenities in the area and for that reason the complainant could not raise construction over his plot to set up his business and suffered huge loss. Thus, alleging it a case of deficiency in service, he sought direction to the opposite parties to grant him interest over the entire deposited amount @ 18% p.a. along with compensation.

(2.) 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 Consumer Forum accepted the complaint vide its order dated 21.5.2004 by granting following relief:

(3.) ALONG with this appeal there is an application for seeking condonation of delay of 233 days in filing of the present appeal and the appellant has sought condonation of this much delay on the ground that this appeal was filed before this Commission on 3.10.2004, but the same was returned for want of certain documents. Thus, the delay has been occurred in view of the peculiar facts, which may be condoned in the interest of justice and under the circumstances of the case.