HARYANA URBAN DEVELOPMENT AUTHORITY Vs. LOVELY INTERNATIONAL

JUDGEMENT

(1.) DISTRICT Consumer Disputes Redressal Forum, Panipat in Complaint No. 276 of 2005 filed by the respondent -complainant vide its order dated 21.12.2005 granted the following relief:

(2.) THE facts of the present case in a narrow compass which may be noticed from the record are that the respondent -complainant filed a complaint before the District Forum. Panipat with the averments that an Industrial Plot No.181 measuring 2250 Sq. Mtrs. located in Sector 25 Part -II, Panipat was allotted to Sushil Kumar Jain on a tentative price, on free hold basis vide allotment letter bearing No. 3437 dated 11.4.2001. The possession of the plot was not given to Sushil Kumar Jain for which he wrote several letters to the appellant -HUDA on 11.2.2002,13.5.2002, 31.7.2002,13.11.2002 and 13.1.2002 which were received in the office of HUDA. All the dues in respect of the plot in quesiton were paid by the allotted Sushil Kumar to the HUDA. The opposite parties wrote letter dated 31.10.2001 to Sushil Kumar whereby he was asked to take possession of the plot measuring 3901 Sq. Mtrs. instead of 2250 Sq.Mtrs. and was asked to deposit the amount of excess are towards the plot no. 3901, in pursuant of which Sushil Kumar Jain deposited Rs.23,02,470 more vide receipts No. 3151 dated 1.1.2002, 315156 dated 3.1.2002 and 315833 dated 11.2.2002. Thus, Sushil Kumar Jain paid in all Rs. 28,08,720 to the HUDA as price money of the plot measuring 3901 Sq.Mtrs. The opposite parties issued a Possession Certificate of the above said plot No. 181 vide Memo No. S -2724 dated 24.2.2004, in which the area of the plot was shown as 2954.57 Sq. Mtrs. and not 3901 Sq. Mtrs.

(3.) SUSHIL Kumar Jain entered into a partnership with the respondent -complainant Naresh Kumar and started business under the name and style of M/s. Lovely International at the aforesaid plot No. 181 and submitted an application to the HUDA along with a cheque of Rs. 5,000 for change of the title regarding the plot in question in favour of M/s. Lovely International, Panipat, upon which the Estate Officer, HUDA, Panipat vide letter dated 13.1.2005 assured Sushil Kumar Jain that the title would be changed. Sushil Kumar Jain submitted a building site plan of the plot in question to the HUDA for approval of the same, along with two cheques of Rs. 35,250 and Rs.2,000, however, vide letter bearing Memo No.11423 dated 18.10.2004 issued by Assistant Estate Officer, Panipat, Sushil Kumar Jain was informed that the building plan had been rejected because the Zoning Plan was not approved by the concerned authority and after sanctioning the Zoning Plan by the authorities concerned, the building plan would be sanctioned. It is stated by the complainant that till the filing of the complaint, the building plan was not sanctioned by the HUDA regarding plot No. 181, rather, the complainant received resumption letter bearing No. 8606 dated 20.7.2005 from the HUDA which was replied by the complainant vide reply dated 25.8.2005.