ANNU ENTERPRISES INDIA Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) VIDE this common order we are deciding above mentioned three appeals as they relate to same controversy and are connected with each other. Of these three appeals, appeal No. 2115/2004 and appeal No. 2569/2004 have arisen out of the order dated 4.5.2004 passed by the District Consumer Forum, Gurgaon in complaint No.2190/2001, where as the appeal No. 247/2007 has arisen out of the order dated 30.9.2005 passed in execution petition No. 184/2004 which is the outcome of the order dated 4.5.2004 in the main complaint.

(2.) APPEAL No. 2569/2004 and appeal No.247/2007 were fixed for 1.12.2011 and 4.8.2011 respectively and these appeals have been preponed for today on the request of the learned Counsel for the parties to avoid any conflicting order.

(3.) THE brief facts of the present case are that complainant Annu Enterprises India was allotted plot No. 102 Pace City Sector 37, Gurgaon vide allotment letter bearing Memo No. 2664 dated 28.6.1996. The possession of the plot was delivered to the complainant on the same day. After depositing the entire price of the plot by the complainant, the conveyance deed in respect of the plot in question was executed in favour of the complainant. The complainant got sanctioned the site plan for raising construction and also obtained loan of Rs. 11,67,000 from the opposite party No. 4 - Haryana Financial Corporation and also completed construction of basement on the plot. However, thereafter filed the present complaint alleging deficiency of service on the part of the opposite parties on the ground that a high tension electric line of 33 KV was passing over the plot in question and the same was not removed despite repeated requests to the opposite parties.