DOLLY AGGARWAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Two separate appeals have been filed by the parties before us against order of the State Commission accepting the complaint in part, directing the State of Haryana and Haryana Urban Development Authority to deliver the possession of plot No. 1376, Sector 11-12, P-II Panipat and to pay interest @ 18% on the amount lying deposited with H.U.D.A. after adjusting the balance amount of instalments or enhanced price with interest as laid down by H.U.D.A. along with cost of Rs. 2,000/-. Brief facts of the case are that Dolly Aggarwal, the complainant before State Commission, was allotted a plot by H.U.D.A., tentative price of which in December, 1995 was given out as Rs. 1,15,234.60 for which an additional amount of Rs. 53,378.90 was asked for in November, 1991 and further, a sum of Rs. 63,609.85 was asked for in September, 1994 as escalation charges. Against the two later demands the complainant deposited Rs. 58,520/- and was willing to deposit the balance amount in instalments. Thus in all the complainant had paid Rs. 1,73,761.70 (Rs. 1,15,234.60, original tentative price plus Rs. 58,520/-. We find a little difference in figure but is not material at this stage for us). It was the case of the complainant that inspite of payment of the above quoted amount and with an assurance to pay the rest in instalments, position of the plot has not been delivered which amounts to deficiency in service. The complainant in her prayer prayed for ordering delivery of possession, award of interest @ 18% on the amount lying with H.U.D.A., Rs. 10 lakhs as compensation for cost escalation in construction of the house, Rs. 1 lakh as damages against mental agony and harassment and an amount of Rs. 11,000/- as costs of litigation.

(2.) The State Commission after hearing both the parties and examining the evidence produced before them, the State Commission ordered respondent parties i.e. State of Haryana and H.U.D.A. to deliver the possession of the plot within two months of the date of the order, payment of interest @ 18% on the amount lying with H.U.D.A. after adjusting any outstanding amount of H.U.D.A. and costs of Rs. 2,000/-. F.A. No. 269/2000 :

(3.) It was argued by the appellant Dolly Aggarwal in the instant case facts clearly bring out the deficiency on the part of the H.U.D.A. She has been subjected to much mental and physical harassment, cost of construction has gone up hence the relief granted to her by the State Commission is not adequate, which should be increased to the level of her prayer before the State Commission. F.A. No. 287/2000 :