DEVENDRA KUMAR CHOUDHARI Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) Present Revision Petition is filed by Revision Petitioner-HUDA against the order dated 25.5.2005 passed by the State Commission, Haryana Chandigarh in First Appeal No. 2292 of 2004. The State Commission dismissed the appeal of the petitioner with the modification of waiving off the compensation of Rs. 20,000 directed by the District Forum to be paid to the respondent. Brief facts of the case are:

(2.) The respondent/complainant is Mr. Gulshan Malik who was allotted an individual plot No. 132, Sector 58, Faridabad admeasuring 1/8 acres vide Letter of Intent dated 15.4.1999. Pursuant to this, respondent deposited a sum of Rs. 88,803 being 10% of the total price on 4.3.1998 and another Rs. 1,33,205 being 15% on 14.5.1999. The respondent thus deposited Rs. 2,22,008 i.e., 25% of the total amount and also a sum of Rs. 4,760 as fee for approval of the construction plan on 19.7.2000. It is the case of the respondent that the petitioner was bound to hand over the plot in question, however, despite writing several letters to the petitioner they failed to hand over the possession. There was no electricity, no roads, no sewer, no development work was done and not even a single industry was given possession in Sector-58. Zoning Plan had not been approved by the HUDA for Sector 58. It is further alleged that the Revision Petitioner issued a notice dated 30.10.2001 for withdrawal of PLA/Letter of Intent against the respondent. Respondent filed the appeal before the Administrator in 2001 which was dismissed in 2002. The petitioner after deducting Rs. 49,162 refunded the amount of Rs. 1,77,606 out of total amount paid of Rs. 2,22,008.

(3.) The District Forum allowed the complaint of the respondent and directed to refund Rs. 49,162 which has been deducted by the petitioner illegally, with interest of 12% p.a. on the entire amount till the date of realization and Rs. 20,000 for compensation of mental agony, harassment caused by the petitioner to the respondent and Rs. 2,000 as litigation expenses.