PUNJAB URBAN DEVELOPMENT AUTHORITY Vs. SURESH DHIR

JUDGEMENT

(1.) This is an appeal by PUDA against the judgment and order of the District Forum dated 7.12.2005 by which the complaint of the complainant, Suresh Dhir, was allowed by the District Forum vide impugned order in the following terms :

(2.) Brief facts may be noticed.

(3.) PUDA had allotted a Plot No. 65 measuring 400 sq. yards to the complainant in Urban Estate, Kapurthala vide memo dated 6.10.2000. De hors of further details suffice it to mention that the stipulated period mentioned in the allotment letter he had paid a total sum of Rs. 1.94 lacs against the price of the plot which was fixed as Rs. 7.40 lacs towards 25% of the cost. Thereafter no instalment was paid by the complainant as was stipulated in the allotment letter. Because of the default in the payment of the instalments resumption proceedings under Section 45(3) of the Punjab Regional and Town Planning and Development Act, 1995 were initiated for resumption of the plot and ultimately an order of resumption was passed on 21.10.2003. On that date a total sum of Rs. 10,40,831 was found due from the complainant as the balance consideration including interest on the amount as well as penal interest. Under Section 45(3) of the Punjab Regional and Town Planning and Development Act, 1995, a deduction of 10% from the total consideration amount including interest and penal interest i.e., Rs. 1,04,083 was made and remaining amount out of Rs. 1.94 lacs i.e., Rs. 89,917 was refunded to the complainant through cheque on 9.9.2004. The complainant filed a complaint before the District Forum claiming the following reliefs :