LAWS(UTRCDRC)-2009-1-11

HARYANA URBAN DEVELOPMENT AUTHORITY Vs. SURAJ DEVI

Decided On January 06, 2009
HARYANA URBAN DEVELOPMENT AUTHORITY Appellant
V/S
SURAJ DEVI Respondents

JUDGEMENT

(1.) THIS appeal has been directed by opposite party No. 3 against order dated 11.9.2002 passed by Consumer Disputes Redressal Forum, Sirsa (hereinafter to be referred as District Consumer Forum) vide which complaint was accepted and the appellant and opposite party Nos. 1 and 2 (as mentioned in the complaint) were directed to pay Rs. 50,000 as compensation for escalation of price and further to refund the amount if the area provided was less than allotted and also to pay interest @ 9% p.a. on the amounts deposited by the respondent till the date of realization and further the appellant and O.P. Nos. 1 and 2 were directed to grant two years time to respondent to raise construction without charging any extension fee from the date of delivery of possession.

(2.) BRIEFLY stated the facts are that respondent Suraj Devi was allotted plot No. 208 vide auction held on 28.7.1971 at Mandi Kalanwali, District Sirsa. Allotment letter dated 8.11.1971 was issued in her favour. She was required to deposit Rs. 5,250 in three yearly/six half yearly instalments together with interest which she had deposited. However, she was not delivered possession of the plot for the last 29 years and possession letter was issued only vide memo No. 240 dated 21.1.1992. The cost of construction had gone up many times since1971 as the possession had been delayed for a considerable long period.

(3.) IT was further next averred that the possession was not given as there was jungle and no amenities like water, sewerage, roads had been provided.