JAIBIR SINGH Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 16.05.2012 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, 'the State Commission') in Appeal No. 1284 of 2009 The Estate Officer, Haryana Urban Dev. Authority & Ors. Vs. Jaibir by which, while allowing appeal, order of District Forum allowing complaint was set aside.

(2.) Brief facts of the case are that complainant/petitioner purchased Plot No. 3951, Sector 23-23-A, Gurgaon in the year 1994 from OP/respondent. Complainant sought possession of plot from OP, but OP disclosed that plot was omitted from zonal plan. Alleging deficiency on the part of OP, complainant filed Complaint No. 352/1996 before Consumer Forum, which was allowed by order dated 25.7.1996. OP filed appeal which was dismissed by learned State Commission vide order dated 3.8.1998. OP offered alternate Plot No. 1053-G, Sector 22, Gurgaon on 19.2.2004, but demanded market price at the rate of Rs.3850/- per sq. yds. Complainant accepted the offer, but prayed for allotting plot at the cost at which original plot was allotted. Complainant also filed Execution Petition before District Forum, but as District Forum did not pass any order, complainant filed another complaint before District Forum. OP resisted complaint and submitted that alternate plot was given at the existing rates as per HUDA policy and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint and observed that OP can charge price of alternate plot only equal to the price on which previous plot was given. It was further observed that if any excess payment has been made by the complainant, that shall be refunded along with 9% p.a. interest and if there are any dues, they shall be paid by the complainant. Appeal filed by the petitioner was allowed by learned State Commission vide impugned order against which, this revision petition has been filed.

(3.) Heard learned Counsel for the parties finally at admission stage and perused record.