HARYANA URBAN DEVELOPMENT AUTHORITY Vs. JATINDER NATH JOSHI

JUDGEMENT

(1.) Respondent-allottee of plot no. 163, measuring 14 marla, in Sector-7, Urban Estate Karnal through his General Power of Attorney (GPA), Shri Rajiv Bhatia, filed a complaint before the District Consumer Disputes Redressal Forum, Panchkula (District Forum for short), alleging following deficiencies on the part of the petitioner-HUDA :-

(2.) A notice being served on the petitioner-HUDA, the complaint was resisted and it was denied that the cost of the plot was only Rs.1,46,913/- as another sum of Rs.87,163.78 ps. was required to be paid as enhanced compensation. It was further explained that 15% rate of interest is required to be applied only with regard to the payment of annual installments whereas the 18% interest was applicable only if the due installments are not paid in time which is being wrongly interpreted as compound interest. It was because the allottee had failed to pay the installments in time as also the enhanced cost of compensation with interest that he was rightly served with a demand notice for the sum of Rs.4,22,385/-.

(3.) The District Forum, after taking into consideration the evidence adduced by the parties, rejected the contention of the opposite party/petitioner/HUDA with regard to their claim of enhanced compensation as they had failed to produce any evidence to show that there was any award of enhancement of compensation after the date of allotment. It also did not find any justification for the levy of interest @ 18% on compounding basis and passed the following order :- 11. In the result, the instant complaint is hereby allowed and the OPs are directed :-