HUDA Vs. S K KALRA

JUDGEMENT

(1.) THE facts which have given rise to the present appeal are that the complainant had purchased plot No. 54 measuring 8 Marias located in Sector -5, Urban Estate, Gurgaon, from Parmod Kant Saxena through his G.P.A. Smt. Bimla Devi vide Memo No.4335 dated 15.11.2000. Originally a residential plot No. 955 in Sector -21, Urban Estate, Gurgaon was allotted to Gurdevi Sehgal who had transferred the same in favour of Parmod Kant Saxena. The physical possession of the plot was not delivered to the allottee due to some litigation pending in respect of the plot. The opposite party offered an alternative plot No. 54, Sector -5, Gurgaon, to the allottee vide memo No. 3275 dated 24.5.1996 which was accepted by Parmod Kant Thereafter, said Parmod Kant Saxena transferred the said plot to the complainant.

(2.) THE grievance made by the complainant is that he requested the opposite party several times to charge original rate in respect of the alternative plot but the opposite party did not accede to the request of the complainant. Alleging deficiency in service on the part of the opposite party, the complainant invoked the jurisdiction of the District Forum.

(3.) UPON notice, the opposite party contested the complaint. It took the plea that once the allottee had accepted the offer of alternative plot on the same terms and condition, on which the original plot was allotted, therefore, the complainant who is re -allottee of the plot, had no locus standi to file the present complaint. It was prayed that the complaint merited dismissal. Both the parties led evidence in support of their respective claims. On appraisal of the pleadings of the parties and evidence adduced on record, the District Forum accepted the complaint and granted following relief to the complainant: