HUDA Vs. NIRMALA DEVI

JUDGEMENT

(1.) Respondent was allotted plot No. 591 in Sector 23, Huda Colony, Bhiwani by petitioner-authority on 27.8.1991 for tentative cost of Rs. 39,900, following which allottee made further deposit of Rs. 34,992. However, since possession of plot in question could not be delivered to respondent even after lapse of more than 6 years, she finding no option, made request for refund of deposit with Huda-petitioner authority, which on consideration of request of allottee, on forfeiture of Rs. 4,037 did refund Rs. 30,955. This made respondent aggrieved, who sought redressal of her grievance before District Forum, filing complaint. The District Forum on consideration of pleadings of parties, directed HUDA to refund total deposits made by respondent along with interest @ 12% from the date of deposit till payment, subject to adjustment of Rs. 30,955 already refunded to respondent.

(2.) Defence of petitioner before Fora below and before me was that possession of plot could not be delivered to respondent for stay granted by Hon ble High Court and plot in question being under litigation. Other defence raised by petitioner was that though offer of allotment of alternative plot in Sector 13 was made to respondent that was not acceptable to her. Last submission made on behalf of petitioner was that forfeiture of Rs. 4,037 had been made by them in terms of HUDA policy. Both Fora below have returned concurrent finding about liability of petitioner to return total deposit made by respondent along with interest @ 12% p.a. for laxity of petitioner for not handing over possession for about 6 years. Since refund of deposit was made under forced circumstances, HUDA was very much liable for total refund of deposit. The grievance of respondent was adequately redressed by grant of compensation. Finding of State Commission in my view does not require interference while exercising revisional jurisdiction. Revision petition being without merit is accordingly, dismissed. No order as to costs.