HARYANA URBAN DEVELOPMENT AUTHORITY Vs. SUDESH GUPTA

JUDGEMENT

(1.) THIS appeal has been preferred against the order dated 21.9.2004 passed by District Consumer Forum, Ambala whereby the appellant -opposite party has been held deficient for demanding Rs. 5,250 from the complainant for transferring the plot in the name of complainant and issued following directions:

(2.) THE brief facts of the present case as can be gathered from the record are that Plot No. 70 -P located in Sector -10, Urban Estate, Ambala City was allotted to Kasturi Lal Singla son of Shri Banarsi Dass, Resident of Plot No. 4, Block No. E/12, near Pinjiri Plant, Rajpura Town (Punjab) on a tentative price of Rs. 3,79,764 vide allotment letter bearing memo No. 22583 dated 30.8.1991. Kasturi Lal Singla paid the price of plot to opposite party. Thereafter, the complainant sold the plot to the complainant and accordingly Kasturi Lal applied to the opposite party vide application dated 3.1.2000 for transfer of the plot in the name of the complainant and also deposited Rs. 16,800 with the opposite party on 3.1.2000 as transfer fee. The opposite party issued letter dated 10.1.2000 to the complainant whereby she was asked to deposit Rs. 5,250 as per policy of HUDA but the demanded amount of Rs. 5,250 was not deposited by the complainant and for that reason the plot in question was not transferred by the opposite party in the name of the complainant.

(3.) BY filing the instant complaint before the District Forum, the complainant alleged it as deficiency in service and took the plea that after receiving permission letter dated 10.1.2000, she had requested the opposite party to adjust the amount demand of Rs. 5,250 towards the excess amount of Rs. 37,000 paid by allottee Kasturi Lal, which was lying with HUDA. The grievance of the complainant is that the opposite party cannot charge any price with respect to the transfer of plot in her name, if any policy has been formulated after granting permission to Kasturi Lal for transferring the plot in complainant's name. Thus, the complainant sought direction to the opposite party to transfer the plot in question in her name without charging any price; to pay interest @ 18% per annum on the amount deposited prior to 10.1.2000 till the date of transfer of the plot in her favour; to pay 18% interest on the excess amount; to pay escalation charges in the cost of building material; to pay Rs. 5,000 as cost of proceedings and Rs. 30,000 on account of mental agony and harassment.