PREM NARAYAN DIKSHIT Vs. HUDA

JUDGEMENT

(1.) Revision Petition No. 3324 / 2009 was filed by the Petitioners against the Order dated 2.07.2009 passed by the Haryana State Consumer Disputes Redressal Commission (hereinafter referred to as the State Commission).The State Commission vide impugned order allowed the Appeal and dismissed the Complaint.Brief facts of filing the complaint were that the Complainant/Petitioner was allotted Plot No. 275 in Faridabad by the Respondent Authority.The possession of the plot was delivered on 07.09.2000.Petitioner/Complainant complained Respondent Authority about HT wires over the plot.The Respondent Authority wrote to the concerned Authority for removing HT wires, in reply the concerned Authority informed that the HT Wires had already been shifted on 25.11.2001. On the request of the Petitioner/Complainant of surrendering the Plot, the Respondent Authority refunded the deposited amount after deducting 10% of the total-sale consideration.Amount charged towards interest was also refunded to the Petitioner/Complainant.After about 3 1/2 years of the receiving of refund, the Petitioner/Complainant filed Complaint seeking allotment of an alternative plot in lieu of earlier allotted, i.e., Plot No. 275. Complaint was resisted by the Respondent Authority on the ground that the Petitioner did not have any cause of action after having received the amount without any protest in the year 2002.Complaint was allowed by the District Forum.On Appeal, the State Commission dismissed the Complaint.In Revision Petition against the Order passed by the State Commission, this Commission dismissed the Revision Petition vide Order dated 26.10.2009 by observing as under:-

(2.) Now, the Petitioners/Complainants have preferred the Miscellaneous Application No. 256 / 2020 seeking following relief:-

(3.) I have heard Mr. Naveen Sharma, learned Counsel appearing for the Complainants/Applicants and Mr. Alok Sangwan, learned Counsel appearing for the Opposite Parties/Respondents, perused the Memo of Revision Petition, the documents filed by the respective Parties as also the Application, MA No. 256 / 2020 filed by the Complainants/Applicants and the Reply filed by the Respondents.