HARYANA URBAN DEVELOPMENT AUTHORITY Vs. SUSHIM JAIN

JUDGEMENT

(1.) THIS appeal has been directed by opposite party against order dated 19.9.2002 passed by Consumer Disputes Redressal Forum, Faridabad (hereinafter to be referred as District Consumer Forum), vide which complaint of Sushim Jain respondent (complainant) was accepted with costs of Rs. 500 and the respondent was ordered to pay Rs. 2,000 as compensation on account of mental agony, etc. Appellant was further directed to give physical possession of plot No. 95, Sector 58, Faridabad within 30 days and was also directed to charge interest on the balance amount from the respondent as per HUDA policy and further respondent was entitled to interest from the date of deposit of his amount till delivery of physical possession.

(2.) BRIEFLY stated the facts are that industrial plot bearing No. 95 Sector 58, Faridabad with an area of 1/16 acre @ Rs. 1,650 per sq. yard was allotted to respondent Sushim Jain for a sum of Rs. 4,93,350 vide allotment letter dated 15.4.1999. Almost whole of the amount was deposited by the respondent as detailed in letter dated 3.7.2000. Thus, he had deposited an amount of Rs. 3,33,338 with the appellant and further he had paid Rs. 1,60,012 vide pay order dated 3.7.2000 drawn on Times Bank, Faridabad.

(3.) ALLEGING deficiency in service, the complaint was filed and requested that appellant be directed to handover physical possession of industrial plot No. 95, Sector 58, Faridabad without charging anything to pay interest on Rs. 4,93,350 @ 24% p.a. from the date of deposit till delivery of actual possession and also to pay Rs. two lacs for loss of interest, etc. besides costs