MADAN LAL MEHTA Vs. HUDA, BHIWANI

JUDGEMENT

(1.) The complainant/petitioner applied to the respondent Haryana Urban Development Authority (HUDA) for the allotment of a plot measuring 10 marlas in Sector 13 of the HUDA, Bhiwani and he was duly registered for the said allotment. The aforesaid scheme was later dropped by HUDA, which, after two years, came out with a Scheme for allotment of the plots in Sector 23 (part) and 13 Bhiwani. A fresh application was submitted by the complainant for allotment of a plot in Sector 13/23 of Bhiwani and pursuant to the said application, plot No.281 in Sector 23 of the HUDA Bhiwani was allotted to him. The complainant did not make full payment, demanded by the HUDA for the allotment made to him in Sector 23. Consequently, the said plot was resumed by HUDA. The complainant approached the Administrator of HUDA by way of an appeal against the order of resumption dated 09.3.2001. The appeal filed by the petitioner / complainant was conditionally allowed by the Administrator, by setting aside the order of resumption, subject to the complainant/petitioner depositing all the outstanding dues, along with interest, penalty and extension fee within 45 days from the date of the order, failing which the order of resumption dated 09.3.2001 passed by the Estate Officer, HUDA was to get automatically confirmed. Instead of complying with the order passed by the Administrator, the complainant approached the concerned District Forum by way of a complaint, seeking allotment of a plot in Sector 13, along with compensation etc.

(2.) The complaint was resisted by the respondent HUDA inter-alia on the ground that not only had the complainant failed to pay the price of the plot, he had also failed to comply with the order passed by the Administrator. The District Forum, vide its order dated 14.1.2008, directed HUDA to restore plot No.281 in Sector 23 to the complainant, if the same had not been allotted to some other person. It was further directed that in case the aforesaid plot had been allotted to some other person, the complainant would be allotted an alternative plot of 10 marlas in Sector 23 or Sector 13 of HUDA Bhiwani. However, HUDA was held entitled to recover all dues, including interest and penalties which the complainant was directed to deposit, within two months from the date of the order. Cost of litigation quantified at Rs.1500/- was also allowed to the complainant.

(3.) Being aggrieved from the order passed by the District Forum, HUDA approached the concerned State Commission by way of an appeal. The State Commission took the view that having approached the Administrator by way of an appeal, the complainant was precluded from approaching the District Forum and consequently, allowed the appeal filed by the HUDA, thereby dismissing the complaint. Being aggrieved from the order passed by the State Commission, the complainant is before this Commission by way of this revision petition.