LAWS(NCD)-2002-3-61

NANAK CHAND GOEL Vs. HUDA

Decided On March 04, 2002
Nanak Chand Goel Appellant
V/S
HUDA Respondents

JUDGEMENT

(1.) This complaint has been filed by the complaint, Shri Nanak Chand Goel against Haryana Urban Development Authority (HUDA) alleging deficiency in service.

(2.) ACCORDING to the complainant in respect of an advertisement of allotment of plots he applied for allotment for a 160 sq. yards plot in Sector 19 of the Urban Estate in Faridabad and deposited Rs. 8,000/ - vide report dated 6.2.1973, which was allotted to him on 7.2.1973. The complainant further paid Rs. 320/ - @ 2/ - per sq. yard on account of enhancement in the land acquisition compensation. Again in February, 1986 a further sum of Rs. 3,382.40 was demanded on account of enhancement in compensation by the District/High Court. The complainant requested in March, 1987 to hand over the possession. But upon visiting the site found it under encroachment. In the meantime under pressure from the respondent, the complainant deposited another sum of Rs. 294/ - as extension fee. After protracted correspondence and further demands by the respondent, the complainant was allotted an alternative plot No. 879, P in Sector 9. Against various demands the complainant deposited/sent Rs. 10,000/ - on 6.1.1994 and Rs. 2,300.95 on 28.2.1994. In spite of these payment vide letter dated 29.7.1996 the respondent informed the complainant, even this Plot -879 -P cannot be given as it was under litigation. Thus frustrated, the complainant filed the complaint before us praying for award of Rs. 34,75,042.00 break of which is given below :

(3.) WE have heard the parties and on perusal of the material on record, we find that it is admitted case of deficiency in service where the complainant has been waiting for a plot since 1973. In view of this Commissions order passed in HUDA v. R.P. Chawla, Revision Petition No. 547/1997, the respondent is directed to deliver and the complainant is directed to take the possession of plot No. 931 -B in Sector 19 within four weeks of this order. The respondent shall also pay interest @ 18% p.a. on the deposited amount of Rs. 21,000/ - from the respective date of deposits till the date of payment.