H U D A Vs. LT COL YOGESH

JUDGEMENT

(1.) These two appeals arise out of a common order passed in C. D. No.623 of 1990 dated 30.4.93 by the District Forum, Hyderabad. C. D. A. No.300/93 was preferred by the Hyderabad Urban Development Authority, Hyderabad i. e. the opposite party and the other appeal, C. D. A. No.314/94 was preferred by the complainant i. e. Lt. Col. Yogesh for enhancement of compensation awarded by the District Forum.

(2.) The case of the complainant is that the opposite party, herein after called HUDA for the sake of convenience, issued a prospectus Ex. A.1 wherein they offered allotment of residential plots at various places including Mushk Mahal residential complex wherein they offered 320 plots under various categories for allotment. The complainant deposited ernest money deposit of Rs.2000/- on 3.1.1990 and applied for allotment of HIG plot in Mushk Mahal residential complex in accordance with the prescribed procedure. The lots were drawn on 25.2.90 and the complainant was allotted plot No.18 measuring 325 Sq. Mts. at Rs.235/- per Square Metre. On 5.3.90 the HUDA intimated the complainant about the allotment of plot No.18 to him. The complainant paid 25% of the notified cost (including E. M. D.) on 19.3.90 Rs.17,093.75ps. and the balance of the amount of Rs.67,281.75ps. on 16.4.90. On 19.5.90 the complainant wrote to HUDA that the plot allotted to him was full of rocks and boulders and asked the opposite party, HUDA, to remove them or to give another plot. On 26.6.90, HUDA sent a reply stating that according to the general condition No.15 the allotment is "as is where is" basis, and the request for alternative plot cannot be considered and asked the complainant to take possession of the plot. Again on 20.7.90 the complainant addressed a letter to be Vice Chairman requesting for removal of boulders and a reply was sent on 27.8.90 stating that nothing could be done in view of condition No.15. The complainant issued a lawyer's notice on 20.10.90 and filed a complaint praying for a direction to HUDA to remove rocks in the said plot so as to make it fully developed and fit for construction or in the alternative allot another fully developed plot or to pay a sum of Rs.85,000/- as compensation for removing the rocks. He also claimed Rs.10,000/- as damages and Rs.1,500/- towards costs.

(3.) Huda opposed the complaint on the grounds that the parties are governed by the terms of the contract and that, therefore, the District Forum has no jurisdiction to entertain the complaint and under condition No.15 of the General Conditions of allotment, the plot was sold 'as is where is basis' and the applicant after intimation of the allotment that he was allotted plot No.18 and before paying 25% of the notified price including E. M. D. the complainant should have inspected the plot and seen its physical conditions and then only made the first instalment payment. It is the case of HUDA that they have developed the scheme providing for demarcation of the plots with necessary roads and other infrastructure facilities like water, drainage and electriicity and that therefore, they have sold the developed plots. It was also stated that if there are rocks it is advantageous to the complainant who can cut them into proper sizes and use them for construction of the house.