LAWS(NCD)-2006-8-85

HARYANA URBAN DEVELOPMENT AUTHORITY Vs. V K SOIN

Decided On August 11, 2006
HARYANA URBAN DEVELOPMENT AUTHORITY Appellant
V/S
V K SOIN Respondents

JUDGEMENT

(1.) This appeal has been directed by the opposite party against order dated 6.1.2000 passed by Consumer Disputes Redressal Forum, Faridabad (hereinafter to be referred as District Consumer Forum), whereby the complaint of respondent (complainant) was accepted and the appellant was directed to pay interest to the respondent on the amount of Rs.1,68,000 as per HUDA rules and regulations and to charge the balance "sale consideration from the respondent along with interest on delayed payment as per rules and regulations and further to overhaul the account of the respondent in the above said manner, within one month and also it was ordered that after receipt of the balance amount in lump sum, appellant would hand over possession of the plot in question within one month. However, parties were left to bear their own costs.

(2.) Briefly stated the facts are that the respondent (complainant) was allotted plot No.150, measuring 148.67 sq. yds. for shop-cum-flat in Sector-37, Faridabad at the cost of Rs.4,32,000, being the highest bidder in open auction on 29.11.1988. He had paid Rs.43,200 being 10% of the bid money on the fall of hammer and further paid Rs.64,800 being 15% of the bid money within 30 days from the date of acceptance of allotment.

(3.) It was next averred that the balance amount was to be paid in eight half-yearly instalments. Accordingly he paid Rs.60,000 on 7.9.1989 and in this manner, he paid total amount of Rs.1,68,000, being 40% of the total sale price. However, the possession was not delivered to him which was to be delivered on completion of development work. He had asked the appellant several times to give possession but no satisfactory reply was received.