HARYANA URBAN DEVELOPMENT AUTHORITY Vs. DESH RAJ YADAV

JUDGEMENT

(1.) THIS revision petition challenges the order dated 1st December 2011 of the Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, 'the State Commission ') in First Appeal no. 1607 of 2011 filed by the Petitioner/ Opposite Party.

(2.) THE brief facts of the case are that Respondent/ Complainant is the owner of plot no. 1432 P measuring 225 square meters in sector 4, Rewari which was re -allotted to the complainant vide permission no. 8205 on 22.08.2006 by opposite party no. 1 and the same was allotted to the Respondent on 16.11.2006. The Respondent made several efforts with Petitioner for getting the possession of the above said plot but still no efforts have been made by the petitioner for delivering the possession of the plot in question. At the time of re -allotment it was assured by the Petitioner that the possession of the above said plot will be delivered to him immediately.

(3.) THE District Consumer Disputes Redressal Forum, Rewari (in short, 'the District Forum ') vide their order dated 31.05.2011 stated that the Respondent had got the re -enrollment of this plot as back as on 16.11.2006 and he has been waiting for a roof of his own on his head which has been wrongfully denied by the opposite parties. Even the letter and his legal notice remained un -replied. Therefore, the Respondent must have gone through mental and physical harassment. Hence, he is entitled to damages for the same. Not only this, the cost of construction has also increased. Had the possession of the plot has been given in 2006, by this time the Respondent would have been living in his own house but he had to live in a rented accommodation. On this score also the Respondent is entitled to compensation.