HARYANA URBAN DEVELOPMENT AUTHORITY Vs. DHARAM SINGH

JUDGEMENT

(1.) THIS appeal is preferred against the order dated 30.12.2003 passed by the District Consumer Disputes Redressal Forum, Narnaul whereby following relief was granted:

(2.) IT is admitted case of the parties that plot No. 454 located in Sector 1, Narnaul was allotted to the respondent -complainant by the appellant -opposite parties vide allotment letter bearing Memo No. 2521 dated 21.6.2000 on a tentative price of Rs. 2,47,470. The complainant deposited 10% of the tentative price of the plot as earnest money along with his application and 15% was to be deposited within 30 days from the date of allotment. However, the complainant failed to deposit the aforesaid 15% of the tentative price of the plot within the stipulated period of 30 days from the date of issue of allotment letter and thus as per terms and conditions of the allotment letter, the plot was resumed. The complainant approached the opposite parties for condonation of delay in depositing the aforesaid 15% of the tentative price within the stipulated period of 30 days and request of the complainant was accepted by the Chairman/Minister for Town and Country Planning. However, the Demand Draft worth Rs. 38,608 dated 13.11.2000 and the application for accepting the same was returned by the opposite parties on the ground that the plot had already been resumed due to non -deposit of 15% of the tentative price. Compelled under the circumstances, the complainant invoked the jurisdiction of the District Forum seeking direction to the opposite parties to restore the allotment of the aforesaid plot and also to pay compensation on account of harassment and mental agony.

(3.) THE opposite parties resisted the claim of the complainant. In the written statement they justified the resumption of the plot due to non -payment of 15% of the tentative price in view of Clause 4 of the allotment letter. It was prayed that the complaint merited dismissal.