HUDA Vs. NARAINI DEVI

JUDGEMENT

(1.) The complainant/respondent was allotted a plot bearing no.1409 measuring 220 sq. mtrs. by the petitioner-Haryana Urban Development Authority in Sector 13 of HUDA Bhiwani for a tentative price of Rs. 1,17,480/-. The possession of the allotted plot was offered to her vide letter dated 25.06.94. She however did not take possession of the allotted plot. Subsequently, the allotment price of the plot was increased and vide letter dated 30.09.96, the complainant was asked to deposit an additional amount of Rs. .1,12,130/-. Instead of making the aforesaid payment, she applied for the refund of the plot allotted to her and sum of Rs. 76,860/- was refunded to her, allegedly after deducting 10% of the cost of the land. The complainant however did not encash the cheque sent to her by HUDA. The complainant approached the concerned District Forum by way of a complaint seeking refund of the amount deposited by her along with interest @ 18% per annum and compensation amounting to Rs. 1 lac.

(2.) The complaint was resisted by the petitioner authority primarily on the ground that the complainant had failed to take possession of the plot when it was offered to her on 25.06.94 and since the price increased thereafter she was asked to pay additional cost amounting to Rs. 1,12,130/-. It was further stated that the complainant applied for refund of the amount and thereafter a cheque of Rs. 76,860/- was sent to her after deducting 10% of the cost of the land. The aforesaid cheque was not accepted by the complainant.

(3.) Vide its order dated 20.03.2007, the concerned District Forum directed the petitioner to refund the amount paid by the complainant along with interest @ 18% per annum and cost of litigation quantified at Rs. 2,000/-.