GREATER MOHALI AREA DEVELOPMENT AUTHORITY Vs. ARCHANA VERMA

JUDGEMENT

(1.) The Petitioner/ Opposite party(OP-1) Greater Mohali Area Development Authority (in short GMADA), previously known as , Punjab Urban Planning Development Authority (PUDA), invited applications for allotment of free-hold residential plots of various sizes, in Urban Estate, SAS Nagar, Mohali. The complainant /Respondent No.1, Smt. Archana Verma, applied for a 200 sq. yd. Plot and the applications were to be processed through the HDFC Bank Ltd., the respondent No 2 (R-2). In the draw of lots, held on 28-03-2001, accordingly, letters of Intent were sent to all the successful applicants, on same day, under the signature of the Estate Officer. The earnest money of all the unsuccessful applicants was returned, collectively, by the Petitioner to R-2 Bank for refunding the same to them. The Complainant/R-1, being a successful applicant, received a letter bearing No. RS/PUDA/23, dated 10-05-2001, from the Manager, Housing Development, Finance Corporation Ltd. (HDFC Ltd. the R-3), congratulating the complainant, on allotment of plot and offered a scheme for payment of allotment amount, as per their lending norms. The complainant wrote various letters to PUDA during 24/7/2001 to 20/7/2007 for allotment of plot, because the earnest money was not refunded to her. The HDFC bank also did not satisfy the complainant about the details of the refund of earnest money, till 21/11/2008. Also, they made them run, from pillar to post. After the draw, no refund of earnest money was made to the complainant, till 21/11/2008. Hence, the complainant filed a complaint CC/15/2009, before District Consumer Disputes Redressal Forum (in short, 'District Forum') and prayed for directions to GMADA, for allotment of plot to her.

(2.) The District Forum allowed the complaint and directed OP-1 to allot plot of 200 sq. yard to the Complainant, as per terms and conditions of the original scheme within two months, from the date of the order and also to pay a sum of Rs.10,000/- towards compensation for harassment and litigation expenses in the sum of Rs.5,000/-.

(3.) Aggrieved by the order passed by the Ld. District Forum, the OP No.-1/Petitioner herein, filed the First Appeal in FA/831/2009, before the State Consumer Disputes Redressal Commission (in short, 'State commission').