H.U.D.A. Vs. DEVI CHAND GUPTA

JUDGEMENT

(1.) Heard counsel for the Petitioner for some time. There are concurrent findings of two fora below.

(2.) The Complainant was allotted plot no. 1626 vide allotment letter no.4.11.1999 on a tentative sale price of Rs. 3,23,741/- @ Rs. 1295/- per sq. yard. Thereafter the Opposite Party, namely, Petitioner demanded enhanced price of the plot @ Rs. 407.64 vide letter dated 4.4.002 to which Complainant objected on the ground that the Opposite Party had not developed the area since basic amenities like road, electricity, sewerage and drinking water had not been provided due to which he had opted for surrender of plot. The Complainant made request for refund of the deposited amount but the Opposite Party refunded the amount after deducting 10% of the tentative price and sent a cheque of Rs. 2,44,634/-. The amount which was deducted was to the tune of Rs. 50,711/-. Both the fora below have come to the conclusion that the development work had not 1 been completed and it was not a case of voluntry surrender but the Complainant was forced to surrender the plot under compelling circumstances. The State Commission found that the time for delivery of the physical possession of the plot was two years after completion of development work in the area. The State Commission also found that on behalf of the Opposite Party, there is nothing on record to prove that the development work in the area had been completed on the date of offer of possession. It was also held that no evidence had been tendered by the Opposite Party that the development work in the area was complete. The plot was surrendered after expiry of 4 years and 3 months from the date of allotment. In these circumstances, the following direction had given by the Consumer Forum:-

(3.) In my view, order of the fora below are well reasoned and do not call for any interference whatsoever in the exercise of revisional jurisdiction under Section 21(b) of Consumer Protection Act, 1986 since I do not find any jurisdictional error, illegality or material irregularity in the orders of fora below. The revision petition is dismissed. Revision petition dismissed.