LAWS(NCD)-1994-5-95

HARYANA URBAN DEVELOPMENT AUTHORITY Vs. PREM LATA

Decided On May 17, 1994
HARYANA URBAN DEVELOPMENT AUTHORITY Appellant
V/S
PREM LATA Respondents

JUDGEMENT

(1.) THE Haryana Urban Development Authority has, in compliance with the order passed by this Commission, allotted to the complainant an alternative plot in Sector 31-32A, Gurgaon. This alternative plot is of the same size as the one originally allotted to the complainant in Sector 12-A, which allotment could not be implemented on account of the existence of some dispute concerning that plot. The complainant who appeared in person contends that the price demanded by the HUDA for the alternative plot is excessive. This is not a matter which can be adjudicated by us at this stage, after final orders have already been passed by us in the case.

(2.) HOWEVER , we direct that having regard to the special facts and circumstances of this case interest shall be paid by the HUDA at the rate of 18% p.a. on the full amount that had been deposited by the complainant towards the price of the original plot from the dates on which the said (advance) amount was deposited in instalments. It is only the balance sum that remains after setting off the said amount of interest that shall be demanded and recovered as price for the alternative plot from the complainant. The price for the alternative plot shall be assessed at the rate that was being charged by the HUDA in respect of the land in that Sector as on the date on which the District Forum passed its order. The interest payable by the HUDA on the amounts deposited towards the price of the original plot will cease to run with effect from the date of the order of the District Forum. Subject to this direction, the contempt petition filed by the complainant will stand closed.