LAWS(NCD)-1995-1-6

HARYANA URBAN DEVELOPMENT AUTHORITY Vs. VIPAN KUMAR KOHLI

Decided On January 19, 1995
HARYANA URBAN DEVELOPMENT AUTHORITY Appellant
V/S
VIPAN KUMAR KOHLI Respondents

JUDGEMENT

(1.) WHETHER the District Forum, Delhi lacked inherent jurisdiction is the question raised in this Revision Petition.

(2.) THE petitioner offered residential plots in Sector 23, Faridabad for allotment on freehold basis to the public in general and other sections of the society according to the terms and conditions advertised. The details of plots available, rates and earnest money, eligibility and other conditions, date of receipt of applications by the Estate Officer, Haryana Urban Development Authority (for short 'HUDA'), Faridabad etc were detailed therein. The respondent herein, complainant before the District Forum, made an application along with key-plan folder with the proof of deposit of the earnest money of Rs. 2,889/- i.e. 10% of the price fixed for allotment of the plot applied for The amount of Rs. 2,889/- was deposited on 18th October, 1984 with the Indian Bank, South Extension, New Delhi for HUDA Estate, Faridabad on HUDA account.

(3.) COMPLAINT No. 420 of 1993 dated 12th February, 1993 was filed before the District Consumer Disputes Redressal Forum II, Delhi claiming interest on the amount deposited for the period the amount remained in deposit with the Estate Officer, HUDA, Faridabad. The maintainability of the complaint was objected to on the ground that it was beyond the territorial jurisdiction of the District Forum, Delhi and on merit, it was pleaded that no interest was payable as specifically mentioned in the application filed by the complainant.