MOHIT BINDAL Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS appeal has been filed by Mohit Bindal, Original Complainant before the State Consumer Disputes Redressal Commission, U.T. Chandigarh (hereinafter referred to as the State Commission) and Appellant herein challenging the order of that Commission which had dismissed his complaint of deficiency in service against Haryana Urban Development Authority (HUDA), Opposite Party before the State Commission and Respondent herein.

(2.) FACTS : In the complaint filed by the Appellant (through his father since he was a minor), it was stated that he was initially allotted plot no. 279 in Sector -55, measuring 450 square meters at Gurgaon by the Respondent (HUDA) and subsequently this allotment was changed and he was allotted another plot i.e. plot no. 272 in the same sector vide allotment memo no.11154 dated 17.08.1999, of which he is now the owner. Appellant -Complainant had paid the entire amount of Rs.4,81,140/ - towards the cost of the aforesaid plot and Rs.9549/ - as interest on delayed payment. Later the price of the plot was enhanced by Rs.3,45,993/ - vide letter dated 24.09.1997 and Appellant -Complainant deposited a sum of Rs.3,11,393.70 as principal amount and Rs.88,322.40 as interest, thus totaling Rs.3,99,716.10. In this way, he paid total sum of Rs.8,90,403/ - i.e. Rs.7,92,533.70 as principal amount and a sum of Rs.97,869.40 as interest. Since Respondent had received the entire amount of payment from the Appellant -Complainant, including interest, and had failed to hand over the possession of the plot for over 8 years because of which Appellant -Complainant could not construct his house and Respondent had probably used this amount for their commercial purpose, Appellant -Complainant filed a complaint before the State Commission on grounds of deficiency in service and requested that the Respondent be directed to (i) immediately deliver the possession of the plot no. 272, Sector -55 at Gurgaon; (ii) pay interest @ 18% per annum from the date of deposit of the amount including interest till the filing of this complaint @ Rs.6,02,087.81 and thereafter to pay interest @ 24% till the date of possession of the plot; and (iii) waive interest of Rs.97,869.40 already paid and adjust the same towards the enhanced cost of the land. Damages on account of harassment and litigation costs were also sought.

(3.) THE State Commission after hearing the parties and on the basis of evidence produced before it partly allowed the complaint by observing as follows: