HARYANA URBAN DEVELOPMENT AUTHORITY Vs. SHYAM SUNDER GUPTA

JUDGEMENT

(1.) THE admitted facts of the case are that complainant has been allotted a plot No. 2378, Sector -2, Faridabad vide letter of allotment dated 18.11.1998 issued by the appellants HUDA. The possession of the above said plot was to be given to the complainant within 3 years from the date of allotment after completing all the development work in the area. When possession of the plot was not handed over to the complainant, he approached the office of the appellants/opposite parties and then came to know that plot No. 2378, Sector -2, Faridabad was not incorporated in the lay out plan as the same was deleted from the map by the District Town and Country Planning Department as per drawing No. DTP(F)2029/01 dated 20.3.2001. It is to the utter surprise of the complainant that appellants have resumed the plot of the complainant vide order No. 8513 dated 21.3.2003. It is against this action of the appellants, complainant has filed the present complaint before the District Forum.

(2.) UPON notice opposite parties contested the complaint by way of filing the written statement. In the written statement filed, it was pleaded that plot of the complainant was resumed on account of non -payment of instalments and after following the procedures as envisaged under Section 17 of the HUDA Act and further after deducting the 10% of the total consideration amount of the plot, remaining amount has been refunded to the complainant as per the terms and conditions of the allotment letter. Thus, they justified the resumption proceedings and prayed for dismissal of the complaint.

(3.) BOTH the parties adduced evidence in support of their respective stands taken before the District Forum. On scrutiny of the pleadings of the parties and evidence brought on the record, the District Forum accepted the complaint and granted the following reliefs to the complainant: