MANOJ SARAF Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) In this case, the attempt by an unscrupulous person in the guise of a 'consumer complainant' to garner a plot has been correctly set at naught by the order passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (State Commission for short) overruling the favour managed by the complainant from the District Consumer Disputes Redressal Forum, Faridabad (District Forum for short).

(2.) The facts of the case in brief are that the petitioner/complainant had deposited/paid 25% of the cost being the earnest money for the allotment of a plot and had failed to pay any instalment whatsoever thereafter on the spacious plea that there was no development of the area. The allotment was made during the year 2002 and the respondent/OP/Huda stated that the development of the area was complete and the possession too was offered in the year 2004. Despite repeated notices, the petitioner failed to deposit the due instalments and in fact surrendered the plot and sought the refund of the deposited amount vide his two communications in November, 2002 and on 14th of May, 2003. In these communications, he had requested that the refund of the deposited amount be paid to his GPA Swadesh Kumar. It appears that the said GPA Swadesh Kumar instead of withdrawing the amount as expressed by the original allottee for his own selfish interest sought possession of the plot and that is how a complaint was filed before the District Forum, where the front man was the GPA Swadesh Kumar. The District Forum despite a plethora of objections raised by the respondent/OP/HUDA with regard to the maintainability of the complaint and without discussing the averments and pleas enumerated in their WS passed an order directing the respondent/OP/HUDA as under :-

(3.) The respondents are also ordered to pay interest @ 12% p.a. on the total deposited amount of the complainant w.e.f. its deposit till the delivery of the physical possession of the plot now to be allotted as per the aforesaid order.