HUDA Vs. DESH RATTAN DUTTA

JUDGEMENT

(1.) Haryana Urban Development Authority, which was the opposite party before the District Forum, has filed the present Revision Petition.

(2.) Petitioner allotted a plot No. 291, Sector-2, Faridabad to Smt. Kamla Sharma (herein after referred to 'Original Allottee') vide allotment letter dated 18.11.1998 on the tentative price of Rs. 7,89,360. Respondent/complainant purchased the said plot from the original allottee. Petitioner permitted the transfer and reallotted the said plot to the respondent/complainant vide its letter dated 28.1.1999. Possession of the plot was not offered to the respondent for a period of more than four years. The offer of possession of the plot was to be given after carrying out the development works. As the development works were not carried out, the petitioner did not issue possession letter to the respondent for more than four years. Respondent after waiting for more than 4 years, applied for refund of the entire amount deposited by him along with the interest. Petitioner refunded the amount after deducting 10% of the total tentative price. Respondent being aggrieved filed the complaint before the District Forum.

(3.) District Forum vide its order dated 19.7.2004 allowed the complaint and gave the following directions: