BAL RAJ AGGARWAL Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) BRIEFLY stated the facts are that Industrial Plot No. 9 -A measuring 990.40 sq. mtrs situated in Industrial Area, Phase -II, Panchkula was allotted to the complainant Sh. Bal Raj Aggarwal on 6.4.1995 through his general power attorney Shri Tilak Raj for a sum of Rs. 6,07,115.20. The complainant had paid a sum of Rs. 6,24,779 as detailed in para -3 of the complaint to OP No. 2, Estate Officer, Panchkula up to 24.3.1995 i.e. prior to the allotment and, thus, OP had received the amount in excess.

(2.) IT was next averred that OP had issued allotment letter vide memo No. 5266 dated 6.4.95 for the price of Rs. 6,07,115.20 after the receipt of Rs. 6,24,779. It was specifically mentioned in Clause 7 of the allotment letter that the possession of the site would be offered to him on completion of development work in the area but neither offer of possession had been made, nor delivered actual possession so far, although he had requested several times to give possession. Instead of offering possession, OP had issued letter dated 8.10.1996 asking him to get conveyance deed executed without delivery of possession, although a period of five years had already elapsed.

(3.) IT was further averred that complainant had got its unit registered as a small scale unit and provisional certificate to that effect was issued by the District Industries Centre, Panchkula on 10.1.1995 in respect of Plot No. 9 -A, Industrial area, Phase -II, Panchkula for manufacturing desert coolers and washing machines.