HUDA & ANR. Vs. P. PURI

JUDGEMENT

(1.) This revision petitions have been filed by the petitioners against order dated 11.12.2009 passed by the Ld. State Commission in First Appeal No. 3060/2007 Mrs. P. Puri Vs. Huda and Appeal No. 805/2008 Huda Vs. Mrs. P. Puri by which while allowing appeal of complainant, order of the District Forum allowing complaint, was modified and interest rate was enhanced.

(2.) Brief facts of the case are that complainant-respondent was allotted a double storey shop with basement bearing no. 28P/12, Panchkula vide allotment letter dated 05.07.1999 for a tentative price of Rs. 18,50,000/-, the possession of which was given vide letter dated 12.1999. After demarcation the complainant completed construction over the plot on 16.12.2004. However, the opposite parties-petitioners did not provide sewerage facility for which the complainant approached to the opposite parties vide her application on 07.03.2005. The opposite parties issued occupation certificate on 21.04.2005, but still sewerage facility was not provided to the complainant. The complainant again approached to the opposite parties vide her application dated 18.05.2005 for providing sewerage facility but to no effect. Alleging deficiency in service on the part of the opposite parties, complainant filed complaint before the District Forum. OP resisted complaint and submitted that as per clause 20 of the allotment letter dated 05.07.1999 any dispute between the parties could be referred to sole arbitration of the Chief Administrator or any other officer appointed by him. Opposite parties admitted that all the required documents had been submitted by the complainant and the sewer connection of DSS no. 28-P was sanctioned by the competent authority. It was further stated that the owner had also deposited a sum of Rs. 1420/- on account of cutting the road but never approached for providing the sewer connection. Denying any kind of deficiency in service, it was prayed that the complaint be dismissed.

(3.) Ld. District Forum after hearing both the parties allowed the complaint and directed the OP to release sewerage connection to disputed plot and further directed to pay Rs. 37,000/- as compensation. Both parties preferred appeal and Ld. State Commission vide impugned order modified order of the District Forum and directed OP to pay interest @ 18% per annum on deposited amount from date of completion of construction work till date of providing sewerage connection, against which these revision petitions have been filed along with application for condonation of delay.