ESTATE OFFICER HUDA Vs. MADAN MOHAN GANDHI

JUDGEMENT

(1.) First Appeals No.118 and 133 to 136 of 1993 being cross appeals arise from the virtually identical orders of the District Forum, Hisar. Learned Counsel for the parties are agreed that the issues of fact and law are common and this judgment will consequently govern all of them.

(2.) The representative matrix of facts may be noticed from First Appeal No.118 of 1993 H. U. D. A. of Hisar V/s. Mr. Madan Mohan Gandhi and Others', with relevance to the case of the consumer/complainant. The Haryana Urban Development Authority had admittedly developed a colony in the police lines area at Hisar. An auction was held for the allotment of plots therein and Dr. Om Parkash one of the successful bidder made the payment of Rs.12,800/- being 10% of the price and thereafter within the specified period deposited Rs.19,200/- being 15% of the said price. An allotment letter dated the 20th of May, 1988 was issued in his favour and according to its terms and conditions he was required to deposit the balance amount in six half yearly installments alongwith interest at 10%. It was his case that subsequently he had made payment of all the installments due and had secured a no due certificate from the HUDA on the 13th of December, 1991.

(3.) The primal grievance of the consumer was that the terms of allotment announced at the spot were categoric that the possession of the plot could be given within one year and relying thereon he had made the successful bid. Not only that the basic reliance was on Clause No.5 of the terms and conditions admittedly recorded between the parties. This reads as under : "the possession of the site will be delivered on payment of 25% sale price (10% on the spot of bid) the purchaser shall enjoy the right of possession so long as he continues paying instalments of the price on due date and abide by other terms and conditions of allotment. "