HARYANA URBAN DEVELOPMENT AUTHORITY Vs. ASHOK KUMAR

JUDGEMENT

(1.) This revision is directed against the order dated 20.9.2004 of Consumer Disputes Redressal Commission Haryana, Chandigarh dismissing appeal against the order dated 29.7.2004 of a District Forum whereby petitioners/opposite parties were directed to allot plot No. 284-P or an alternate plot, pay Rs. 5,000 towards compensation and interest @ 10% p.a. on amount of Rs. 19,996 from date of deposit to the respondent/complainant.

(2.) In short, the facts giving rise to this revision are these. Respondent applied for allotment of 6 Marlas plot in Sector 4, Urban Estate, Kurukshetra on 6.11.2000 and deposited earnest money of Rs. 19,996 under the Government Servant Reserved Quota scheme of respondent No. 2-HUDA. Though plot No. 284-P was allotted but allotment thereof was cancelled vide memo No. 11239 dated 8.6.2001 by respondent No. 2. Against the cancellation order dated 8.6,2001 the respondent filed appeal before the Administrator of respondent No. 2 but the same was dismissed by the Administrator by the order dated 20.9.2001. Therefore, on the strength of certificate dated 2.7.2001 issued by Dy. General Manager, Haryana State Co-operative Apex Bank Ltd., Chandigarh the respondent filed complaint which was contested by the petitioners by filing written version. Main ground taken in written version was that respondent was not eligible for allotment of plot as per eligibility condition No. 12(vi) of the brochure. Both the Fora below were of the view that respondent is eligible for allotment of plot under said eligibility condition No. 12(vi).

(3.) Contention advanced by Mr. Sanjay Singh for petitioners is that respondent is not eligible for allotment of plot under condition No. 12(vi) of the brochure. That condition is reproduced below :