CHIEF ADMINISTRATOR, HSVP Vs. DARSHANA SETHI

JUDGEMENT

(1.) Delay condoned.

(2.) By this Revision Petition, under Sec. 21(b) of the Consumer Protection Act, 1986 (for short "the Act"), the Chief Administrator, Haryana Sahari Vikas Pradhikaran/Opposite Party in the Complaint before the District Forum (for short "the HSVP") question the correctness and legality of the Order dtd. 7/1/2022 passed by the State Consumer Disputes Redressal Commission, Haryana at Panchkula (for short "the State Commission") in First Appeal No. 373 of 2021. By the Impugned Order, the State Commission has dismissed the Appeal, preferred by the HSVP against the Order dtd. 27/10/2021 passed by the District Consumer Disputes Redressal Forum, Faridabad (for short "the District Forum") in Consumer Complaint No. 322 of 2021. The District Forum while allowing the Complaint filed by the Complainant has directed the HSVP to allot and give the physical possession of the Plot No. 316 of Sector 21 or Plot Nos. 277 or 278 of Sector 31 to the Complainant in lieu of the originally allotted Plot No. 87 of Sector 21 C III, Faridabad if lying vacant without litigation. The HSVP was also directed not to create a third party interest on the aforesaid plots and to further pay interest @ 12% p.a. on the respective dates of deposit till its realisation.

(3.) Factually, the Complainant was allotted a Residential Plot No. 87 in Sector 21 " C III, Faridabad admeasuring a total area of 469.50 Sq. Mtrs by HSVP vide Allotment Memo No. 635 dtd. 2/3/196 for a tentative price ?7,20,720/-. However, despite making the payment as per the demand made by the HSVP, they have failed to deliver the physical possession of allotted plot to the Complainant as promised. The Complainant sent various letters to the HSVP requesting possession of the Allotted Plot but the HSVP did not deliver the physical possession. The Complainant came to know that the Plot which was allotted to her was acquired under the Forest Area as per the order passed by the Hon'ble Supreme Court. Accordingly, the Complainant requested the HSVP either to allot the original Plot or exchange it with Plot No. 316 in Sector 21A or Plot Nos. 334 and 355 admeasuring 250 sq. Yards each in Sector 31, however, the said request was declined by the HSVP vide its letter dtd. 5/7/2021. Feeling aggrieved, the Complainant filed the Complaint before the District Forum seeking directions to the HSVP to hand over the possession of Plot No.316, Sector 21A or Plot Nos. 334 and 335 in Sector, 31 Faridabad with compensation.