KRISHAN LAL MONGA Vs. ESTATE OFFICER HUDA

JUDGEMENT

(1.) This com-plaint arises out of a complaint filed by the complainant, Shri K.L. Monga alleging deficiency in rendering services on the part of the respondent, HUDA.

(2.) Briefly, the facts of the case are that the complainant applied to the respondent for allotment of a plot in Faridabad in February, 1972. In the draw of lots in May, 1972 for allotment of plots, the complainant was not successful. Instead of returning the money, the respondent offered a plot in Sector 21-B in December, 1972. Upon its acceptance, the complainant was allotted plot No. 523 in Sector B. Faridabad in February, 1973. - full payment was also made. On account of some unauthorised structure having come up on the allotted plot, possession could not be given. The complainant kept waiting, reminding and meeting the officials for all these years. After 27 long years the complainant was offered an alternative plot in May, 1999 bearing plot No. 103 in Sector 31. Possession of this was not given. On the other hand an additional demand of Rs. 3,44,920/- was raised against the complainant. It is in these circumstances that the complaint has been filed seeking following reliefs :

(3.) On notice being issued, HUDA filed its written version on two parts. First, they raised preliminary objections that the complainant is not a consumer, there is no cause of action. On merits it is stated by them that there has been no deficiency on their part. Allotment of plot in Sector 21-B is admitted but it is stated that on account of certain pucca structure on the site possession of the given plot could not be handed over. Possession could not be given for reasons beyond their control. The complainant agreed in writing to give higher price for the plot. He cannot go back from the undertaking charging revised price from the complainant is as per HUDA policy. The complaint need to be dismissed.