LAWS(NCD)-2002-5-70

HARYANA URBAN DEVELOPMENT AUTHORITY Vs. MEENAKSHI GOYAL

Decided On May 22, 2002
HARYANA URBAN DEVELOPMENT AUTHORITY Appellant
V/S
MEENAKSHI GOYAL Respondents

JUDGEMENT

(1.) This revision petition is filed against the order of the State Consumer Disputes Redressal Commission, Haryana, which in turn upheld the order of the District Forum. The facts in brief which lead to the filing of the complaint are that the complainant was allotted a plot by the Haryana Urban Development Authority (hereinafter called 'HUDA') on 24.8.1991 at a tentative price of 1,60,303/- and she deposited a sum of Rs. 1,48,337/- and the possession of the plot was to be delivered within a reasonable period of three years as mentioned in the circular issued by the HUDA. Since the HUDA did not give her possession of the plot, she knocked the doors of the District Forum claiming delivery of possession of plot after development work within a specified period, to pay interest at the rate of 18% p.a. from the date of application, to pay Rs. 1,50,000/- for escalation of cost of material and mental agony/harassment and to pay interest at the rate of 18% p.a. from the date of judgment till the date of realisation.

(2.) The District Forum after having heard both the parties directed the HUDA to, (i) deliver possession of the plot after completing the development work within one year; (ii) pay interest at the rate of 18% p.a. on the amount deposited by her prior to 1.1.1995 w.e.f. 1.1.1995 and on the amount deposited by her thereafter from the date of deposit till the delivery of possession of the aforesaid plot; (iii) to pay Rs. 60,000/- by way of compensation on account of escalation on the cost of construction, material, etc.; (iv) to pay Rs. 25,000/- by by way of compensation for harassment and mental agony caused to her; and (v) to pay Rs. 500/- way of costs of proceedings. Feeling aggrieved by the order of the District Forum, the HUDA went in appeal before the State Commission which affirmed the order of the District Forum. Hence, the opposite party is petitioner before us.

(3.) Heard Mr. Ravindra Bana, learned Counsel appearing of the HUDA and Mr. C.L. Goyal, authorised representative appearing for the respondent. We have also gone through the orders of the District Forum as well as the State Commission.