HARYANA URBAN DEVELOPMENT AUTHORITY Vs. VIBHA GARG

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioners/OP against the order dated 04.10.2010 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, 'the State Commission') in Appeal No. 1402 of 2004 HUDA Vs. Smt. Vibha Garg by which, appeal filed by the petitioner was dismissed and order of District Forum was upheld.

(2.) BRIEF facts of the case are that complainant/respondent was allotted Plot No.97 measuring 242 sq. yards in Model Town, Tohana vide allotment letter dated 21.11.1994. Due to inadvertence of the officials of the opposite party, possession of 260.33 sq. yards plot was given to the complainant instead of 242 sq. yards. After taking possession of the plot, complainant constructed house on the plot and took electricity, water, telephone connection, etc., and was paying bills for availing facilities. Petitioner/OP vide notice dated 9.1.2001 asked the complainant to deposit a sum of Rs.1,06,528/ - as due on account of instalments. Petitioner also recovered penalty of Rs.29,361/ - plus Rs.315/ - on account of non -construction of house and extension fee of Rs.20,279.60 imposed on the complainant vide letter dated 13.1.2001. OP also demanded price of the excess area allotted to the complainant along with interest. Complainant alleging deficiency filed complaint before the District Forum. OP contested the complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to refund the amount of interest and penalty of Rs.1,43,200/ - and Rs.30,000/ - charged as extension fee along with 10% p.a. interest. Petitioner filed appeal against the order of the District Forum which was dismissed by the learned State Commission vide impugned order; hence, this revision petition has been filed.

(3.) HEARD learned Counsel for the petitioner at admission stage and perused record.