HUDA Vs. S S VERMA

JUDGEMENT

(1.) Estate Officer, HUDA /gurgaon, has come up in appeal against the order of the learned District Forum, by which the complaint of S. S. Verma has been allowed and the HUDA has been directed to deliver possession of the plot to the complainant and also to pay interest at the rate of 15% per annum on the entire amount already paid by the complainant. Learned District Forum has further clarified, that the interest shall be payable only for the period after the expiry of 3 years from the date of allotment till the delivery of possession of the plot to the complainant.

(2.) The complainant was allotted plot No.445, Sector 6 at Dharuhera on 27th of January, 1989. Though he has already paid Rs.84,624/- by way of installments towards the price of the plot, yet neither the developmental work has been completed by the Opposite Party, nor has the possession of the plot been delivered to the complainant despite repeated demands. Even the request of the complainant for the refund of the amount already deposited, was also not considered by the Opposite Party. In reply to the complaint, the HUDA pleaded that possession of the plot in question would be offered to the complainant very shortly as development work was going on in full swing. It was however admitted that the complainant had made the part payment by installments but the complainant's right to have the amount refunded was contested.

(3.) After hearing the learned Counsel for the appellant, we do not find any legal infirmity in the order passed by the learned District Forum. If during the last more than five years the developmental work has not been completed, the complainant is certainly entitled to the interest on the amount already paid by him. Therefore, we uphold the decision of the learned District Forum and dismiss the appeal. However, there shall be no order as to costs.