LAWS(NCD)-2011-5-35

MANJU SUNDRA W/O SHRI VED SUNDRA THROUGH POWER OF ATTORNEY SHRI ASHOK KUMAR S/O SHRI S CHAND Vs. HARYANA URBAN DEVELOPMENT AUTHORITY THROUGH ITS ESTATE OFFICER FARIDABAD HARYANA

Decided On May 26, 2011
MANJU SUNDRA W/O SHRI VED SUNDRA Appellant
V/S
HARYANA URBAN DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) These two revision petitions, Revision Petition No. 282 of 2011 and Revision Petition No. 283 of 2011, have been filed by Smt. Manju Sundra and Smt. Ritu Dass respectively through their power of attorney holders, seeking to challenge two identical orders both dated 13th of October, 2010 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (for short the State Commission). By these orders, the State Commission has accepted the appeals filed by the respondent/opposite party/Haryana Urban Development Authority (HUDA) and set aside the two orders, both dated 12th of September, 2005 passed by the District Consumer Disputes Redressal Forum, Faridabad (for short the District Forum), thereby dismissing the complaints. The petitioners are aggrieved that the State Commission vide the orders impugned has set at naught their reliefs granted by the District Forum directing the respondent/opposite party/HUDA to re-allot the surrendered plot, besides other reliefs. Since the facts, circumstances and allegations of both the petitioners/complainants are identical and even the orders passed by the District Forum and the State Commission are identical, we proceed to dispose of these revision petitions by this single common order.

(2.) Facts of the cases are that Smt. Manju Sundra (petitioner in R. P. No. 282 of 2011) was allotted plot no. 32 in Sector 21-D, Faridabad on 9th of June, 1994 and Smt. Ritu Dass (petitioner in R. P. No. 283 of 2011) was allotted plot no. 48 in Sector 21-D, Faridabad on 28th of May, 1996 by the respondent/opposite party/HUDA. After depositing the earnest money to the tune of 25% of the tentative price of the said plots, they deposited few installments and vide their letters dated 31st of July, 2002 and 13th of August, 2002 respectively surrendered the plots and requested for the refund of their deposits. These letters being relevant for the proper adjudication of the matter are reproduced as under:-

(3.) Letter written on behalf of Smt. Manju Sundra: