LAWS(HRCDRC)-2009-10-1

HARYANA URBAN DEVELOPMENT AUTHORITY Vs. NEERAD GUPTA

Decided On October 27, 2009
HARYANA URBAN DEVELOPMENT AUTHORITY Appellant
V/S
Neerad Gupta Respondents

JUDGEMENT

(1.) CHALLENGE in this appeal is to the order dated 25.9.2003 passed by the District Consumer Disputes Redressal Forum, Faridabad whereby following relief was granted:

(2.) CONCISELY , the facts giving rise to the present appeal are that the respondent (complainant) had purchased plot No. 1889 measuring 209 sq.meters located in Sector -2, Palwal from Devender Kumar. Originally the above said plot was allotted to one Devender Kumar vide allotment letter bearing Memo No. 1072 dated 23.2.1990, the possession of which was offered on 18.11.2002. The complainant surrendered the plot and he was refunded 10% earnest money as per HUDA policy which was deposited at the time of allotment of the plot to the original allottee.

(3.) THE grievance of the complainant before the District Forum was that the plot was surrendered by him under the compelling circumstances as there was no development in the area where the plot is situated and therefore, he was entitled to interest @ 18% per annum on the refunded amount. Rs. 1,50,000 as compensation for harassment and mental agony and Rs. 6,500 as litigation expenses.