NARESH CHANDER JAIN Vs. ESTATE OFFICER HUDA

JUDGEMENT

(1.) PETITIONER was the complainant. His appeal before the State Commission was dismissed and the order of the District Forum was confirmed. He had in fact succeeded before the District Forum but not to full extent which made him filing appeal before the State Commission.

(2.) AS far back as in 1970 complainant was allotted plot No. 774, Sector 4, Urban Estate, Gurgaon, measuring 550 sq. yards. However, at the time of possession it was found that the area of the plot was 545.83 sq. yards. On this account conveyance deed could not be executed. Complaining deficiency in service complainant approached District Forum which directed refund of the price of the reduced area with interest @ 15% per annum from the date of deposit till payment. No order was passed regarding execution of the conveyance deed. District Forum did not go into this question. Prayer was made by the complainant in his complaint for execution of the conveyance deed in his complaint and as a matter of fact in its written version respondent-HUDA had admitted that the area of plot has been reduced by 4.17 sq. yards and further that the complainant should obtain revised possession of the plot as available at site and only thereafter conveyance deed of the actual area could be executed in his favour. We would, therefore, allow this petition and direct that conveyance deed of the plot of the petitioner be executed within two months. In case of default by the respondent-HUDA in not complying the order of the District Forum as affirmed by the State Commission and also if it does not execute the conveyance deed complainant will be entitled to approach the District Forum for enforcement of the orders as indicated above. Petition allowed.