LAWS(NCD)-2020-11-10

HARYANA URBAN DEVELOPMENT AUTHORITY Vs. RAKESH ARYA

Decided On November 23, 2020
HARYANA URBAN DEVELOPMENT AUTHORITY Appellant
V/S
Rakesh Arya Respondents

JUDGEMENT

(1.) This appeal is directed against the order of the State Commission dated 29.11.2018 whereby a Consumer Complaint filed against the petitioner was partly allowed by the said Commission. The complainant was allotted a plot of land in Gurgaon on 01.02.2005 at the price of Rs.12,01,200/- and he paid 25% of the price. The remaining 75% of the price would be paid in installments. The price of the plot was later enhanced by Rs.19,19,892/-. The complainant made a total payment of Rs.43,85,120/- to the appellant in installments. The case of the complainant is that the payments were made by him under protest and that interest could not have been charged on the amount by which the price was enhanced, till the possession was actually delivered to him. He therefore, approached the concerned State Commission by way of a Consumer Complaint.

(2.) Vide impugned order dated 29.11.2018, the State Commission directed as under:

(3.) Being aggrieved from the order passed by the State Commission, the appellant HUDA is before this Commission by way of this appeal. Since there is a delay of 655 days (one year nine months and sixteen days), an application seeking condonation of the said delay has also been filed.