HARYANA URBAN DEVELOPMENT AUTHORITY Vs. JASWANT SINGH

JUDGEMENT

(1.) THIS appeal has been preferred against the order dated 7.2.2007 passed by District Consumer Forum, Panipat in complaint No. 120/2006. The brief facts of the present case as can be gathered from the record are that the complainant (respondent herein) was allotted plot No. 2368 measuring six Marias in Sector - 18, HUDA, Panipat, by the appellant -opposite parties vide allotment letter bearing memo No. 10322 dated 7.8.1998 on a tentative price of Rs. 2,76,830. The complainant deposited 25% of the allotment price i.e. Rs. 27,684 and the balance 75% allotment price was to be paid in instalments. The opposite parties demanded enhanced price of the plot but instead of depositing the enhanced amount of the plot, the complainant moved an application dated 9.10.2002 for surrender of the plot and demanded the refund of the deposited amount. Accepting the request of the complainant, the opposite parties refunded the deposited amount vide Cheques No. 2763384 dated 17.1.2003 and 1030763 dated 2.9.2003 after deducting 10% of the consideration amount as per HUDA policy. The cheques were received by the complainant without any protest.

(2.) THEREAFTER the complainant filed the instant complaint on 2.3.2006 with the allegations that the opposite parties had violated all the terms and conditions of brochures, allotment letter, rules, regulations by laws of the HUDA and started charging interest illegally on the remaining amount of instalments even without offering possession of the plot. It was further stated by the complainant that the opposite parties had not completed the development works within the promised period of three years despite the fact that the complainant had requested several times to the opposite parties for delivering the actual possession. The opposite parties had wrongly deducted 10% from the deposited amount. The complainant had filed an appeal before Shri Bhaskar Chatarzi, IAS, Financial Commissioner and Secretary to Government of Haryana Town and Country PlanningDepartment, Chandigarh but his appeal was dismissed vide order dated 10.1.2004. Thus, alleging deficiency in service against the opposite parties, the complainant invoked the jurisdiction of the District Consumer Forum seeking directions to the opposite parties to restore the allotment of plot No. 2368 Sector - 18, HUDA, Panipat in his favour; to pay compensation of rupees one lac on account of mental agony and harassment; to pay allotment expenses of Rs. 500; to adjust the interest charged wrongly and illegally from the complainant on the amount of instalment prior to offer of possession.

(3.) UPON notice, the opposite parties appeared and contested the complaint by filing written statement stating therein that the possession of the plot was offered to the complainant but the complainant himself did not come forward to take the possession as he was facing financial problems and surrendered the plot of his free consent vide application dated 9.10.2002. They further took the plea that 10% amount was rightly deducted as per HUDA policy and the refund was given to the complainant vide two cheques dated 17.1.2003 and 2.9.2003 which were accepted by the complainant without any protest and the complaint was barred by limitation. It was prayed that the complaint merited dismissal.