LAWS(NCD)-2012-5-12

HARYANA URBAN DEVELOPMENT AUTHORITY THROUGH ITS ESTATE OFFICER HUDA Vs. SURESH SHARMA S/O GIANENDER SHARMA

Decided On May 16, 2012
HARYANA URBAN DEVELOPMENT AUTHORITY THROUGH ITS ESTATE OFFICER, HUDA Appellant
V/S
SURESH SHARMA S/O GIANENDER SHARMA Respondents

JUDGEMENT

(1.) This revision petition challenges the order dated 04.03.2010 of the Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, 'the State Commission') in F.A. No. 1073 of 2006 against the order dated 13.12.2005 of the District Consumer Disputes Redressal Forum, Faridabad (in short, 'the District Forum'). The State Commission disposed of this appeal filed by the officers concerned of the Haryana Urban Development Authority (HUDA) by observing, inter alia as under:

(2.) The respondent in this petition was the complainant before the District Forum. He averred that plot no. 2430 measuring 250 sq. yards located in Sector 2, Faridabad was allotted to him by HUDA under allotment letter no. 2256 dated 24.11.1998. However, HUDA did not deliver the possession of this plot after completing the development works in this area, as a result of which he could not raise construction on the plot within the stipulated period. Despite this delay in delivering possession of the plot of land, HUDA levied penal interest, etc., on the due installments of the balance cost of the plot as well as extension fee for extending the period to raise construction. Thus, alleging deficiency in service on the part of the HUDA, the complainant prayed for several reliefs. HUDA opposed the complaint mainly on the ground that possession of the plot had been offered to the complainant after completing the development works in the area under its letter dated 25.07.2003. However, the complainant defaulted in paying the due installments and delayed construction on the plot beyond the period stipulated therefor.

(3.) After appraisal of the pleadings, evidence and documents produced by the parties, the District Forum allowed the complaint with the following directions: