MANISH VASHISHTH Vs. HUDA

JUDGEMENT

(1.) The Revision Petition No. 2046 of 2011, under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act"), was preferred by the Petitioners/Complainants, against the Order dated 17.01.2011, passed by the State Consumer Disputes Redressal Commission, Haryana, Panchkula (for short "the State Commission") in First Appeal No. 1418/2005 whereby the State Commission had allowed the Appeal filed by the Respondents, Haryana Urban Development Authority (for short, the HUDA) and set aside the order dated 06.06.2005 passed by the District Consumer Disputes Redressal Forum, Faridabad (for short "the District Forum").

(2.) Succinctly put, the material facts relevant for disposal of the Miscellaneous Application No. 239 of 2020 and I. A. No. 58 of 2021 are that on 08.03.1973, the HUDA had allotted a residential unit being Plot No. 619 admeasuring 500 sq. yards in Sector 21-B, Faridabad to one, Mrs. Parkash Kumar for a tentative price of ?22,000/-. On death of the original allottee, the Plot was transferred in the name of her husband, Raj Kumar on 21.12.2003. Subsequently, the Plot was transferred by the HUDA in the name of the Complainants on 19.04.2005 vide Sale Deed No. 769. It is alleged that though the possession letter was issued on 15.10.1974 but the Petitioners were made to run from pillar to post seeking physical possession of the plot with all basic amenities. There was no proper sewerage and the villagers were using the allotted plot for throwing the cow dung etc. Feeling aggrieved, the Petitioners filed Consumer Complaint No. 200 of 2005 before the District Forum seeking possession of any similarly placed plot along with compensation.

(3.) On appraisal of the facts of the case, the District Forum, vide Order dated 06.06.2005, allowed the Complaint directing the HUDA to allot the Plot No. 9 in Sector-46, Faridabad in lieu of the originally allotted plot and to hand over possession of the same immediately along with interest, compensation and adjustment of the value of the difference of area, if any.