H U D A Vs. SAROJ MALIK

JUDGEMENT

(1.) This revision petition has been filed against the orders passed by both the lower FORA in proceedings started by the respondent under Section 27 of the Act.

(2.) Upon not getting possession of the plot allotted to the respondent, he had moved the District Forum seeking various reliefs who after hearing the parties passed an order on 25.8.1998 directing the petitioner HUDA to allot a plot in the same or alternative sector without any delay, pay interest @ 15% p.a. on the deposited amount from the date of deposit till the date of offer of possession, if it is the same sector or from the date of delivery of possession was given to other persons in the alternative sector. This order became final and no action was taken by the petitioner HUDA to comply with the order in these circumstances, the respondent started execution proceedings. After hearing both the parties and on the basis of the plea that original plot No. 109 in Sector 23/23A, Gurgaon is now available for allotment being free from litigation. District Forum ordered allotment of this plot to the respondent, payment of interest @ 15% p.a. from the date of deposit till the offer of possession within one month failing which directing petitioner HUDA to pay Rs. 100/- per day to the complainant. In appeal the last part was deleted, thus in effect maintaining the status of the order passed in the original complaint. This revision petition is filed on the question that interest @ 15% from the date of deposit is not in order.

(3.) We are unable to sustain the plea at this stage. Unrebutted fact is that an order was passed by the District Forum awarding certain relief. In the absence of any order to the contrary, it has become final and at the stage of execution, the Executing Court should not have re-opened the whole case. Be that as it may, we see that reliefs ordered by the District Forum are substantially the same as given in the original order which had become final, only modification being that based on the information furnished by the officer of the HUDA, original plot is being ordered to be allotted to the respondent/complainant.