INDU BALA SATIJA Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) BY way of present revision petition, petitioner/complainant has challenged the impugned order dated 12.1.2012, passed in (First Appeal No.879 of 2006) by the State Consumer Disputes Redressal Commission, Haryana, Panchkula (for short, 'State Commission ').

(2.) PETITIONER filed a complaint under Section 12 of the Consumer Protection Act, 1986 (for short, 'Act ') stating that she was allotted Plot No.2551 in Sector -65, Faridabad, vide allotment letter dated 5.11.2001 at a tentative price of Rs.4,66,250/ - She deposited Rs.46,625/ - alongwith the application and further deposited Rs.69,938/ - within 30 days from the issue of the allotment letter. Thus, in all the petitioner deposited Rs.1,16,563/ - with the respondent. Thereafter, respondent/opposite party demanded enhanced price of the plot but petitioner shown her inability to pay the enhanced price and by application dated 28.10.2002, she surrendered the plot and sought refund of the deposited amount. However, thereafter petitioner moved another application on 10.12.2002 whereby she requested the respondent for withdrawal of her earlier application dated 28.10.2002. Respondent vide memo No.8821 dated 25.3.2003 refunded a sum of Rs.33,973/ - and deducted Rs.82,590/ - out of the total deposit. Alleging it as deficiency in service, petitioner invoked the jurisdiction of District Consumer Disputes Redressal Forum, Faridabad (for short, 'District Forum ') with the prayer to allot a plot at new rates or alternatively to refund her the deducted amount of Rs.82,590/ - alongwith interest@ 24% per annum from the date of deposit till actual realization.

(3.) DISTRICT Forum, vide order dated 20.2.2006 allowed the complaint and passed the following directions;