HARYANA URBAN DEVELOPMENT AUTHORITY Vs. DEEP KISHORE SINGH

JUDGEMENT

(1.) This is a revision petition against the order of 5th July, 1993 in First Appeal No. 219 of 1993 passed by the State Commission of Haryana. By that order the State Commission had upheld the order of the District Forum of 4th of May, 1993 whereby it had held that demand notice for Rs. 19,060 on account of the enhancement of the cost of the residential plot in the Urban Estate, Faridabad by the revision petitioner HUDA was bad in law and was therefore, quashed. For the harassment the respondent-complainant had to undergo, the District Forum awarded compensation of Rs. 2,000 and costs of Rs. 500. The State Commission also awarded in appeal to the respondent-complainant costs of Rs. 500 only.

(2.) The relevant facts briefly are that a plot of land in Sector 7 Faridabad was allotted to one Shri Trilochan Singh in 1965. The same plot was transferred to the respondent Shri Deep Kishore Singh in 1976. The deed of conveyance executed by the original allottee stipulated that the tentative price fixed by the vendor was Rs. 9,974 and that the vendor reserved the right to enhance the said tentative price in accordance with the Punjab Urban Estates (Sale of Sites) Rules, 1965.

(3.) At the time of transfer of plot in 1976 the respondent-complainant had executed an affidavit in June, 1976 stating that in respect of the said plot he "shall abide by all terms and conditions relating to allotment" and also "abide by any additional conditions which may be imposed by the Chief Administrator while transferring the said plot". Further in the said affidavit he had stated that he undertook "to make payment of such amount as may become due at any later stage"