HARYANA URBAN DEVELOPMENT AUTHORITY GURGAON Vs. PANKAJ TOMAR

JUDGEMENT

(1.) This revision petition is directed against the order dated 3.2.2006 passed by the District Consumer Disputes Redressal Forum, Gurgaon in Execution C. P. No.143 of 17.6.2002 titled as "pankaj Tomer V/s. Haryana Urban Development Authority, Gurgaon.

(2.) In order to decide the present revision petition few facts need to be noticed. Pankaj Tomar had filed a complaint bearing No.2190 dated 19.3.2001 against the Haryana Urban Development Authority, Gurgaon with the prayer that the opposite party be directed to allot two plots of 10 marlas each out of plot Nos.1166, 1167 and 1168 located in Sector 46, Gurgaon in lieu of plot No.448 at the same rate and in terms and conditions on which the complainant was allotted plot No.448 located in Sector 39, Gurgaon or to allot the alternative plot and to pay interest @ 18% per annum on the deposited amount of the complainant from the date of deposit till delivery of actual physical possession of the plot besides compensation of Rs.2 lacs on account of increase in the cost of construction and Rs. one lac compensation on account of harassment and mental agony caused to him. The case founded in the complaint is that the complainant was allotted residential plot No.448 located in Sector 39, Gurgaon as per allotment letter dated 2.3.1995. He had regularly paid the instalments amount but the opposite party failed to offer the possession of the plot to him. After the expiry of period of two years it came to the notice of the complainant that the plot in question is "shermukha" in shape, which is considered as inauspicious. Accordingly, he requested the opposite party to give him alternative plot of 20 marlas. Keeping in view the prayer made, the opposite party had recommended alternative plot Nos.1166, 1167 and 1168 located in Sector 46, Gurgaon. The complainant also gave his consent to accept 2 plots of 10 marlas each in lieu of the original allotted plot. The opposite party failed to take any action in this regard, which forced him to file the complaint.

(3.) The complaint was contested by the opposite party. It was pleaded in the written statement filed that as the development work in Sector 39, Gurgaon was under progress, the possession of the plot could be offered to the complainant on its completion. It was further stated that the plot in question was clear at the site and the request of the complainant made for allotment of the alternative plot had been sent to the Estate Officer, HUDA, Gurgaon but the same had been declined on the ground that there was no policy to allot two plots of 10 marlas in lieu of one plot. It was further stated that no plot of one kanal size was available in Sector 39 as well. Accordingly, it was prayed that the complaint merited dismissal. The District Forum on scrutiny of the evidence led by the parties concluded as under: "during the course of argument, it has come to our notice that some plots of one kanal each are lying vacant and available for possession in Sector 27 and the complainant is also agreed to accept the same. So, in our opinion and in the interest of justice, the complainant is entitled to have a plot of the same size in Sector 27. So far as the question of enhancement price is concerned, this Forum has no jurisdiction to entertain into the pricing matters. In these circumstances, the respondent is directed to allot an alternate plot to the complainant of the same size i. e. one kanal in Sectors 27, 28, 40, 45 and 46, Urban Estate, Gurgaon as the same rate at which the original plot was allotted to him. Further to compensate the complainant, the respondent shall pay interest on his deposits made by him against the original plot after two years from the date of deposits till the date of offer of possession as per HUDA policy. Compliance of the order be made within one month from the date of receipt the copy of this order. "