LAWS(NCD)-2014-3-82

HARYANA URBAN DEVELOPMENT AUTHORITY Vs. NIDHI MALIK

Decided On March 24, 2014
HARYANA URBAN DEVELOPMENT AUTHORITY Appellant
V/S
Nidhi Malik Respondents

JUDGEMENT

(1.) Petitioner/opposite party being aggrieved by order dated 6.9.2007, passed by State Consumer Disputes Redressal Commission, Haryana, Panchkula (for short,'State Commission') in (First Appeal No. 729 of 2004) has filed the present revision petition under Section 21(b) of Consumer Protection Act, 1986 (for short, 'Act').

(2.) Brief facts are that Respondent/ Complainant was allotted plot No. 386-A, Sector-45, Urban Estate, Gurgaon vide allotment letter No. 230 dated 5.2.2001. The possession of said plot was also offered to him vide same letter. However, basic amenities such as water supply, electricity, sewerage and roads had not been provided. It is the case of respondent that representations were made to the petitioner from May, 2001 till March, 2002 stating that there has been no development of basic services required for the occupancy of a plot. The electrical poles have no wires and no electricity has been provided for. In these circumstances, respondent averred that he is not bound to pay the interest as the same can only be paid after completion of the basic amenities.

(3.) Petitioner/opposite party contested the complaint. Allegations of non-availability of basic amenities was denied. It had been stated thatpossession washanded over on completion of all the development works. As such, there was no deficiency' of service on its part and respondent was bound to pay interest on the outstanding balance.