HARYANA URBAN DEVELOPMENT AUTHORITY Vs. JAGDISH CHANDER

JUDGEMENT

(1.) MR . Justice K.C. Gupta, President - This appeal has been directed by opposite party against order dated 22.5.2002 passed by Consumer Disputes Redressal Forum -Hisar (hereinafter to be referred as District Consumer Forum), vide which complaint of Jagdish Chander, respondent (complainant) was accepted and the appellant was directed to pay interest @12% p.a. on the entire deposited amount including 25% of the amount by the respondent from the date of reallotment of plot i.e. 8.3.1996 till actual possession was handed over after the above said date of 31.3.98. The District Forum had further quashed the extension fee charged by the appellant from the respondent and directed appellant to refund the extension fee or adjust towards the future instalments if any already deposited by the respondent with the appellant.

(2.) BRIEFLY stated the facts are that respondent Sh. Jagdish Chander (complainant) is owner of plot No. 84 situated in Sector -13P, Hisar which was allotted to him vide reallotment letter dated 8.3.96.

(3.) IT was next averred that the previous owner had deposited all the instalments of the plot in question which were due upto 14.8.1997 but the development work had not been completed and the appellant had issued a false offer of possession in respect of the plot in question and started charging extension fee without giving actual physical possession. He had contacted District Town Planner, Hisar at the instance of appellant to get the possession but the Junior Engineer in the office of District Town Planner informed that the possession could not be delivered as the necessary berms had not been left in front of the plot of respondent along with 12 metres wide road constructed by the appellant and as such District Town Planner showed its inability to offer possession vide letter No. 142 dated 13.1.1998.