HUDA Vs. TULSI SHARMA

JUDGEMENT

(1.) Petitioner allotted a plot to the respondent. When the respondent visited the site for taking possession, he found that the essential facilities like supply of water, street light as well as sewerage system had not been provided. There was no provision for disposal of sullage water as well. Aggrieved by this, respondent filed a complaint before the District Forum seeking a relief that the petitioner be directed to withdraw the possession of the plot till completion of the development work in the area and to withdraw the possession interest already charged on the instalments until the necessary conditions of the offer of the possession are not fulfilled.

(2.) District Forum allowed the complaint in the following terms:

(3.) Aggrieved by this, petitioner filed an appeal before the State Commission which has dismissed the appeal holding that under Clause 7(1) of the allotment letter, possession of the plot was to be delivered to the allottee after completion of development work in the area.