S.C. JAIN Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This order shall decide above detailed two revision petitions which entail the same question of the facts and law. Plot No. 1896 situated in Sector 12, Sonepat was originally allotted to one Krishana Rani vide allotment letter dated 3.4.1998, who sold the plot to Sh. S.C. Jain, complainant/petitioner in revision petition No. 789/2012. Likewise plot No. 1878-P situated in Sector 12, Sonepat was originally allotted to one Kapur Singh vide the allotment letter dated 3.4.1998 which was sold to the second petitioner Smt. Megha Jain D/o Sh. S.C. Jain in revision petition No. 790/2012. Both the plots were transferred in the name of the complainants vide re-allotment letter dated 19.8.1998 and 8.9.1998 respectively. The possession was offered to both the complainants vide letters dated 6.9.2000.

(2.) In the meantime, the complainants filed separate complaints on 1.2.2005 before the District Consumer Forum, Sonepat with the allegations that the possession of the plots were offered to them without completing the development works and they sought interest on the deposited amount. The District Forum directed HUDA, OP to pay interest at the rate of 9% p.a. on the amount lying deposited with the respondent which they are utilising without providing any services to the complainants and the said interest be paid with effect from period of 2 years from the date of allotment i.e. with effect from 3.4.2000 till the actual physical possession of the plot after making development and after providing the basic amenities around the plot of the complainants was delivered. Compensation in the sum of Rs. 4,000 each was also granted. Aggrieved by that order, both the petitioners filed respective complaints before the District Forum.

(3.) The appeal was filed before the State Forum by the HUDA. The State Forum accepted the appeal being barred by Section 24A of the Limitation Act and the re-allotte was not entitled to claim compensation on these grounds.