GIAN CHAND Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The case of the complainant is as follows. Sh. Gian Chand was allotted plot no. 760 in Sector 10, Ambala City vide allotment letter dated 18.09.1991 at a tentative price of Rs.90,720/-. The petitioner deposited 10% of the earnest money in the sum of Rs.9072/-. He further deposited the amount in the sum of Rs.13,608/- on 22.10.1991 being 15% of the consideration amount. He was to deposit 75% of the consideration amount in annual instalments of Rs.11,340/- each as per HUDA policy. The petitioner stopped paying the instalments because it transpired that the site was not developed. He filed a complaint before the District Forum. Even after 12 years, the plot was not developed. The District Forum passed the following order:-

(2.) The HUDA filed an appeal before the State Commission. The State Commission held that the case was barred by time and dismissed the complaint. Aggrieved by that order the Revision Petition was filed before this Commission. The National Commission held that the appeal was within time and sent back the case to the State Commission.

(3.) The State Commission vide its order dated 2nd November 2012 held that the petitioner was a defaulter and was not entitled to the plot.