G.D. GUPTA Vs. HUDA

JUDGEMENT

(1.) The present revision petition is filed under Sec. 21 (b) of the Consumer Protection Act, 1986 (in short, 'the Act') against the order dtd. 15/2/2012 of the Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, 'the State Commission') in Appeal no. 1719 of 2008.

(2.) The brief facts as stated by the petitioner are that respondent Haryana Urban Development Authority (in short, 'HUDA') had allotted plot no. 146, Sector 14, Urban Estate, Karnal to the petitioner on 21/5/1979 and paper possession was offered on 25/11/1982. Petitioner has stated that possession under Regulation 13 of HUDA (Disposal of Land and Buildings) Regulations, 1978 could only be made after full compliance of the development of area and works. The petitioner alleges that the plot was to be constructed within the time prescribed under Regulation 13 of HUDA (Disposal of Land and Buildings) Regulations 1978. Both the obligations are part and parcel of Plot Allotment Agreement, incorporated as condition no.7 and 18 respectively in the letter of allotment for the plot. Due to the poor conditions of environment in the immediate vicinity of the plot, the petitioner challenged the offer of possession on 25/11/1982 on the ground that the area around the plot was not fully developed as development works of certain basic amenities were still incomplete and there was acute problem of pollution prevailing just in front of the plot with extremely foul smell emanating from sewage/ sullage water in the Old Mugal Canal passing near the plot which had taken the shape of a 'Ganda Nallah' carrying sewage, sullage and other effluents, thus making the adjoining area unfit for hygienic and healthy living.

(3.) The petitioner has further stated that the respondent claimed enhanced land compensation and extension fee for the first time on 25/11/1987. The petitioner challenged the same but his representations were unanswered and undecided. It is further stated by the petitioner that in the years 1989-1992 a news item appeared in the 'Tribune' newspaper stating that the respondents are undertaking project works on the Old Mugal Canal 'Ganda Nallah'. The petitioner, in good faith, submitted the building plans on 21/22/10/1991 with the prescribed fee as per Building Regulations for approval by the respondent. The respondent, vide their memo number dated 7459 dtd. 14/5/1992, asked the petitioner to deposit the enhanced land compensation dues amounting to Rs.10,750.00 along with extension fee of Rs.11,887.00. The petitioner made the payment of the enhanced cost of plot under protest and the payment of extension fee was kept in abeyance till the decision of the pending representations. As there was no response from the respondent despite repeated follow-up by the petitioner, the petitioner filed a consumer case before the District Consumer Disputes Redressal Commission, Karnal (in short, 'the District Forum') being CC no. 205 of 1992.