HUDA Vs. BALDEV SINGH

JUDGEMENT

(1.) THE facts not disputed between the parties are that plot No. 501 measuring 14 Marias located in Sector -18, HUDA, Panipat was allotted to the respondent (complainant) vide allotment letter bearing Memo No. 7413 dated 31.5.2002. The complainant deposited an amount of Rs. 71,520 along with his application and another sum of Rs. 1,14,159 being 15% of the consideration amount was deposited within 30 days from the issue of allotment letter. The remaining consideration amount as well as the enhanced price of the plot was to be deposited in equal instalments as per terms and conditions of the allotment letter. However, the complainant could not pay thebalance instalments as well as the enhanced price of the plot on account of enhanced land compensation awarded to the land owners by the Civil Court in Land Acquisition Proceedings under Section 18 of the Land Acquisition Act. Accordingly, the complainant vide his application dated 14.7.2003 surrendered the plot and sought refund of her deposited amount of his sweet will. Accordingly, the opposite parties refunded an amount of Rs. 67,870 to the complainant vide cheque No. 1068847 dated 6.10.2003 after deducting 10% of the consideration amount as per HUDA policy and the same was accepted by the complainant without any protest.

(2.) BY filing present complaint before the District Forum, the complainant took the plea that he had surrendered the plot under the compelling circumstances because the opposite parties had not delivered possession of the plot after completing all the development works and the HUDA authorities without obtaining consent of the complainant issued cheque in respect of the refund of his deposited amount. Thus, alleging deficiency in service on the part of the opposite parties, the complainant invoked the jurisdiction of the District Forum.

(3.) NOTICE of the complaint was given to the opposite parties upon which the opposite parties appeared and contested the complaint. In the written statement, they took the plea that the complainant had surrendered the plot of his own free consent as and once the complainant surrendered the plot and accepted the refund vide cheque dated 6.10.2003, the present complaint filed by the complainant on 28.12.2005 was hopelessly barred by limitation. They denied any kind of deficiency in service on their part and prayed for dismissal of the complaint. On appraisal of the pleadings of the parties and evidence brought on record, the District Forum accepted the complaint and granted following relief: