HARYANA URBAN DEVELOPMENT AUTHORITY Vs. PAWAN KUMAR GUPTA

JUDGEMENT

(1.) Petitioner was the opposite party before the District Forum, where the respondent had filed a complaint alleging deficiency in service on the part of the petitioner.

(2.) Very briefly the facts of the case are that in response to an advertisement floated by the petitioner in Sector 23, Sonepat, Haryana, the respondent/complainant applied for a plot of 420 sq. mts. and deposited the earnest money. On 26.7.1991, the complainant was issued an allotment letter wherein tentative price was mentioned as Rs. 3,54,460. The complainant was directed to pay Rs. 53,169 and the remaining amount of Rs. 2,65,860 was to be paid in 6 instalments. In the allotment letter it was stated by the complainant that the possession of the plot was to be handed over within 90 days from the date of issuing the allotment letter. Thereafter the complainant deposited instalments from time to time but possession was not given. It was only on 8.8.1997, the complainant was directed to deposit further sum of Rs. 51,789.20 ps. When the complainant approached the office at Sonepat, he was offered a 'paper possession' only which was not acceptable to the complainant as the site was not developed. When the possession was not being offered of a developed plot a complaint was filed before the District Forum, who after hearing the parties and perusal of the material on record allowed the complaint and directed the petitioner to allot the plot and deliver physical possession within a period of one month from the date of passing of the order of the District Forum dated 2.11.1994 and also pay the interest @12% from three years after the date of allotment till physical possession is given along with cost of Rs. 1,100. Aggrieved by this order the petitioner filed an appeal before the State Commission, who after hearing the parties dismissed the appeal with cost of Rs. 500. Hence this revision petition before us.

(3.) Notice was issued to the respondent/complainant on 27. 12.2005, yet no one is present on behalf of the respondent on the date fixed hence proceeded exparte.