MOHAN LAL GOYAL Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Vide the present Revision Petition the Petitioner/Complainant hereinafter referred to as Complainant has challenged the order dated 12.12.2011 of the State Commission in Appeal No. 300 of 2007 filed by him against the order of the District Forum dated 14.12.2006 whereby his Complaint No. 110 of 2004 was dismissed.

(2.) This case has a long chequered history. HUDA had developed under a scheme some plots and had allotted it to different persons. Plot No. 472 PLA Sector Hisar measuring 126 Sq. Yds. was allotted to Mr. G.L. Garg for Rs.1,40,300/- on 06.03.1990. On 27.02.1992 this plot was sold by Sh. G.L. Garg to the Complainant. On fulfilling all the formalities by the Complainant the said plot was re-allotted to the Complainant by HUDA and a non-encumbrance certificate in favour of the Complainant was issued on 28.06.1994 wherein it was mentioned that the entire price of the plot has been paid. On 08.07.1994 the Complainant filed a Consumer Complaint bearing No. 837 of 1994. This Complaint was allowed by the District Forum vide order dated 27.07.1994 and as compensation interest @ 18% p.a. was awarded to the Complainant. The Respondents filed an appeal against the said order on 29.11.1995 which was dismissed. The Complainant filed an Execution Petition bearing No. 205 of 1998 for execution of the order in his Complaint No. 837 of 1994 and HUDA paid a sum of Rs.26,159.75 as an interest from the date of order till 29.02.1996. Clarification thereafter was sought by the Complainant vide its application filed on 05.11.1998 and this application was disposed of by the District Forum vide its order dated 03.06.1999 and it is clarified that the interest @ 18% was to be paid from the date of deposit. This order was challenged by the Respondent hereinafter referred to as HUDA stating that the rate of interest was towards higher side. Vide its order dated 15.12.2000 the State Commission reduced the interest to 12% p.a. The Complainant thereafter filed a Revision Petition before this Commission and this Commission vide its order dated 18.01.2002 awarded the interest @ 18%. Thereafter this order of the National Consumer Commission was challenged before Supreme Court by HUDA vide SLP bearing No. 15961 of 2002. The Hon'ble Supreme Court granted the stay and confined the award of interest in excess of 12% p.a. In the meanwhile, the attachment had been issued in the execution proceedings and the attached amount of Rs.2,82,376/-, was ordered to be released in favour of the Petitioner by the District Forum vide its order dated 22.11.2002. The Execution Petition was disposed of finally on 18.04.2003. This order was challenged by HUDA before State Commission who set aside the order of attachment and release of money to the Complainant, of the District Forum vide order dated 07.08.2003. Pursuant to this order of the State Commission, whereby the release of the attached amount of Rs.2,82,376/- has been declared to have been wrongly released to the Complainant, HUDA sent a letter to the Complainant asking him to refund the amount of Rs.2,82,376/- and also claimed interest on this amount. The Complainant replied the said notice and also filed the Complainant No. 110 of 2004. HUDA filed its reply before the District Forum in CC No. 110 of 2004 and after hearing the parties the Complaint was dismissed. District Forum has held as under:-

(3.) This order was impugned by the Complainant before the State Commission in his Appeal No. 300 of 2007. The State Commission after hearing the parties and perusing the record had dismissed the appeal on the ground that there was no ground to interfere. This order is impugned before me. In the present Revision Petition it is argued by the Complainant that in terms of order of the Hon'ble Supreme Court in SLP No. 6036 of 2002 which was disposed of vide order dated 24.09.2004, HUDA could not have claimed back the said amount as the Hon'ble Supreme Court has clearly held that HUDA cannot claim any refund and, therefore, there is a deficiency in service on the part of the HUDA by issuing the notice dated 10.11.2003 seeking refund of sum of Rs.2,82,376/-.