LAWS(NCD)-2010-5-48

HUDA Vs. ANIL SEHGAL

Decided On May 10, 2010
HUDA Appellant
V/S
ANIL SEHGAL Respondents

JUDGEMENT

(1.) Complainant/respondent was allotted industrial plot No. 12A measuring 540 square metres located in Industrial Area, Phase-II, Panchkula at the rate of Rs. 484 per square metre vide Memo No. 8550 dated 27.4.1993. Respondent deposited 25% of the cost of the plot, i.e., Rs. 41,140 vide receipt No. 1997 dated 4.6.1993. As the complainant failed to deposit 75% of the total cost of the plot as per notice served, the Estate Office, Haryana Development Authority (for short HUDA)-opposite part No. 1 cancelled the said plot vide Memo No. 811 dated 20.1.1995. Complainant, thereafter, filed the Appeal before the Administrator, HUDA-Opposite Party No. 2 which was accepted and the cancelled plot was restored to the complainant subject to the payment of current price, i.e., @ Rs. 700 per square metre. Complainant, accordingly, deposited Rs. 3,12,660 vide receipt No. 3574 dated 3.1.1996 as desired by the Opposite Party No. 1 vide Memo No. 1104 dated 16.1.1996 towards the full and final payment of the plot. Thereafter, complainant approached the opposite parties for issuance of allotment letter which was issued vide letter No. EO(P)20059 dated 4.11.1997 but the opposite parties failed to deliver the physical possession of the plot in spite of several written requests. Being aggrieved, complainant filed the Complaint before the District Consumer Disputes Redressal Forum, Panchkula (for short the District Forum ).

(2.) On being served, opposite parties filed their Written Statement denying the allegations made in the Complaint.

(3.) District Forum, after taking into consideration, the pleadings as well as the evidence led by parties, allowed the Complaint and gave following directions: