PARTAP SINGH YADAV Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) PRESENT petition has been filed against order dated 4.10.2010, passed by State Consumer Disputes Redressal Commission, Panchkula (for short, as 'State Commission ') vide which appeal of Respondents/O.Ps was allowed and complaint filed by Petitioner/Complainant before the District Consumer Disputes Redressal Forum, Faridabad (for short as "District Forum ") was dismissed.

(2.) BRIEF facts are that petitioner was allotted plot No. 2342 in Sector 2 HUDA, Faridabad, vide allotment letter dated 18.11.1998. Petitioner deposited 25% of the total tentative price in installments within time as per terms and conditions of the allotment letter. On receipt of letter dated 30.10.2000 issued by the respondents for demand at enhanced price of the plot, petitioner surrendered his plot due to compelling circumstances by moving an application before the Estate Officer, Faridabad, on 13.11.2000. On receipt of the application for surrender of the plot, respondents refunded the deposited amount to the petitioner, as per their policy after deducting 10% earnest money, vide cheque dated 1.12.2000, which was received by the petitioner without any protest. Thereafter, petitioner filed complaint praying that;

(3.) IN the written statement respondents took the plea that the complainant had submitted an application for surrendering the plot in question of his own and requested for refund specifically stating therein that he was not in a position to pay the enhanced compensation. It was on the said request of the complainant that the answering respondents have deducted 10% from the deposited amount of the complainant and balance amount has been paid as per surrendered policy of H.U.D.A. However, it has been admitted that plot in question was allotted to the complainant vide Memo dt. 18.11.1998. It is also the plea of the respondents that enhancement is always demanded since the respondents are required to pay the compensation amount as per the orders of various courts under the Land Acquisition Act to the bustees whose land have been acquired with the purpose to carve out the sector. It is also the plea of the respondents that the development work is a very lengthy process and sometime it takes much more time than expected. Only because of this a facility was provided in clause 6 of the letter of allotment that till offer of possession, no interest on the installment shall be charged.