KAVITA RAWAT Vs. HUDA

JUDGEMENT

(1.) The present Miscellaneous Application No. 75 of 2021 has been filed by the Petitioner seeking a direction to the HUDA to allot an alternative Plot in lieu of the plot originally allotted to her.

(2.) Succinctly put, the material facts relevant for disposal of the Miscellaneous Application No. 75 of 2021 and I. A. No. 11126 of 2022 are that vide Allotment Letter dtd. 25/1/1999, HUDA had allotted a Residential Unit being Plot No. 262 admeasuring 359 sq. yards to the Petitioner, Kavita Rawat in Sector 31, Faridabad. Petitioner had deposited an amount of ?3,00,000/- with agreed interest towards the sale consideration of the Plot in question. However, no physical possession along with all facilities and basic amenities was offered to the Petitioner despite the Possession Letter dtd. 5/5/2000. On repeated visits to the HUDA's office, the HUDA issued a cheque in the name of the GPA of the Petitioner for an amount of ?1,56,854/- out of the total deposit amount of ?3,08,000/-. The Petitioner prayed HUDA either to refund the deducted amount or re-allot the alternative plot in some developed area. However, HUDA did not accede to her request. Feeling aggrieved, the Petitioner filed Consumer Complaint No. 680 of 2005 before the District Forum seeking possession of any similarly situated plot along with compensation.

(3.) On appraisal of the facts of the case, the District Forum, vide its Order dtd. 4/1/2006, allowed the Complaint directing the HUDA to allot the Plot No. 261 in Sector-31, Faridabad in lieu of the originally allotted plot No. 262 in Sector 31 on the same terms and conditions and to hand over possession of the same immediately along with interest, compensation and adjustment of the amount deducted and value of the difference of area, if any.