SATYA DEV JAKHAR Vs. HUDA

JUDGEMENT

(1.) This revision petition has been filed under sec. 21(b) of the Act 1986 in challenge to the Order dtd. 27/10/2010 of the State Commission in appeal no. 602 of 2006 arising out of the Order dtd. 10/1/2006 of the District Commission in complaint no. 397 of 2005.

(2.) We have heard the learned counsel for the complainant (the petitioner herein) and for the development authority (the respondents herein). We have also perused the record including inter alia the Order dtd. 10/1/2006 of the District Commission, the impugned Order dtd. 27/10/2010 of the State Commission and the petition.

(3.) Brief facts of the case are that the complainant had been allotted a plot on 18/2/1998 by the development authority at a tentative cost of Rs.5,11,170.00. He deposited part of the consideration i.e. 4,78,487/-. The development authority raised a demand for additional cost on account of enhancement in compensation to the land owners by the civil court on 28/8/2002, in consonance with a condition of allotment. The same was to be deposited within 30 days. On the complainant's failure to do so, the development authority sent notices dtd. 14/6/1999, dtd. 8/6/2000 and dtd. 26/7/2001 to him. The complainant thereafter submitted a letter dtd. 16/12/2002 wherein he stated that due to unavoidable circumstances he was not in a position to pay the enhanced cost and he wanted to surrender the plot, and he requested for refund of the amount deposited. The development authority accepted the request for surrender and after deducting 10% of the total sale consideration as per its norms i.e. Rs.71,303.00 refunded an amount of Rs.4,07,184.00 vide cheque dtd. 20/3/2003. The complainant subsequently filed a complaint on 30/5/2005 before the District Commission seeking restoration of the subject plot or allotment of an alternative plot along with interest on the deposited as well as the deducted amounts.