JAGDISH KUMAR KANOJIA Vs. HUDA

JUDGEMENT

(1.) The complainant/petitioner was allotted a plot bearing No.2667 in Sector 65 of HUDA, Faridabad vide allotment letter dated 21-10-2001 at a tentative price of Rs.6,69,170/-. The petitioner/complainant paid a sum of Rs.66,917/- along with application form, Rs.1,00,376/- on 26-11-2001 and Rs.5,01,877/- on 27-12-2001. The opposite party Haryana Urban Development Authority then issued a letter dated 01-10-2002 to the complainant/petitioner, demanding a sum of Rs.5,10,210/- on account of the enhanced compensation paid to the land owners, whose land was acquired for development and allotment. The petitioner/complainant thereupon surrendered the aforesaid plot vide his application dated 28-10-2002. Accepting his request, the opposite party deduced a sum of Rs.1,17,938/- from the deposit made by him and refunded the balance amount of Rs.5,53,032/- to him. Being aggrieved from the aforesaid deduction, the petitioner/complainant approached the concerned District Forum seeking re-allotment of the cancelled plot. He also expressed willingness to redeposit the amount which had been refunded to him.

(2.) The complaint was resisted by the opposite party on the ground that the complainant having himself surrendered the plot allotted to him, the amount payable to him, as per the surrender policy of HUDA had already been refunded to him. The payment for additional premium was sought to be justified by HUDA in terms of clause 9 of the allotment letter which provided that any enhancement in the cost of land awarded by the competent authority/Court under the Land Acquisition Act shall be payable proportionately as determined by HUDA, within 30 days of the demand. It was also stated that the allotment having been cancelled on the request of the complainant cannot be revived.

(3.) The District Forum noticed that the earnest money paid by the complainant was only Rs.66,917/- and the entire tentative price had been paid by him within the stipulated period. The District Forum was of the view that HUDA could have deducted only Rs.66,917/- from the amount deposited by the complainant and accordingly directed the opposite party to refund the balance amount of Rs.51,021/- (17938-66917) to the complainant along with interest at the rate of 12% per annum from the date of the application seeking refund till the date of actual payment. The opposite party was also directed to pay Rs.5,000/- to the complainant towards cost of litigation and compensation.