SHANNO ARORA Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE petitioner has approached this Court with the grievance that the action of the Haryana Urban Development Authority in demanding the interest at the rate of 18% and making a demand for Rs. 45,116/- is arbitrary and unfair. She prays that the communication dated May 30, 1996 issued by the authorities in this behalf be quashed and that the respondents be directed to deliver possession of the plot.

(2.) A few facts as admitted by the learned Counsel for the parties may be noticed. On November 13, 1985, the petitioner was allotted a plot bearing No. 1521 in Sector 23, Gurgaon, for a total price of Rs. 28,726/-. This plot measured 135 Sq. Mts. The petitioner paid a total sum of Rs. 26,015/- towards the price of this plot. However, despite repeated requests, the respondents did not give possession of this plot. Ultimately, vide letter dated March 1, 1994, the respondent-authority offered plot No. 1708, Sector 10-A, Gurgaon, to the petitioner. It demanded a price of Rs. 76,088/-. The petitioner accepted the offer. She requested the authority to adjust the amount already paid by her. In addition she made certain payments. Learned counsel for the petitioner submits that he has a record of at least the following payments :

(3.) MR . Rajesh Gupta, learned Counsel for the petitioner has made a two fold submission. Firstly, it has been submitted that in view of the fact that the respondents had failed to hand over the possession of the plot allotted in the year 1985, they should be allowed to charge only the price which was prevalent in the year 1985 for the plot which was offered to the petitioner in the year 1994. Secondly, the counsel has submitted that even if the first contention is not accepted, the respondents had admittedly kept a substantial amount paid by the petitioner for a long time and had failed to deliver possession. Thus, they are not entitled to charge any interest till the date the possession is actually given to the petitioner.