HARYANA SHEHRI VIKAS PRADHIKARAN Vs. G.D.GUPTA

JUDGEMENT

(1.) The petitioner, Haryana Shehri Vikas Pradhikaran, assails the following orders as passed by authorities under the Consumer Protection Act:

(2.) A few facts necessary to notice for disposal of this petition are that respondent No.1 had applied for allotment of a plot which was allotted to him in the year 1979 by the petitioner and thereafter, the petitioner offered the possession of the same to respondent No.1 on 25/11/1982. However, as per the complainant, there was an acute problem of pollution and unhygienic conditions on account of an old canal flowing nearby. In the year 1987, the petitioner demanded extension fee and enhanced land compensation from the complainant, which was challenged by respondent No.1 by way of filing a representation, which remained unanswered. However, subsequently respondent No.1 deposited the extension fee of Rs.10,750.00 under protest. He also submitted another representation dtd. 3/10/1992, requesting the petitioner to approve his building plans, but to no avail. The petitioner thereafter approached the District Consumer Disputes Redressal Forum by way of filing a complaint which was disposed of vide order dated 17-02- 1993, relegating respondent No.1 to arbitration in accordance with arbitration clause in the allotment letter.

(3.) Pursuant to a reference made by respondent No.1 to the Chief Administrator, HUDA, the Administrator was appointed unilaterally as an Arbitrator. The Arbitrator passed its award dtd. 9/7/2002 against the complainant/respondent No.1 and objections against the same as had been filed by respondent No.1 came to be dismissed in default by the Court of Additional District Judge vide order dtd. 1/6/2005 (Annexure P-14).