HARYANA URBAN DEVELOPMENT AUTHORITY Vs. SIDHARTH PUNIA

JUDGEMENT

(1.) this appeal is directed against the order dated 24.1.2006 passed by the District Consumer Disputes Redressal Forum, Rewari whereby while allowing the complaint of the respondent-complainant direction has been given to the appellant-opposite parties to issue the allotment letter to the complainant of the site in question within one month after the receipt of the copy of the order.

(2.) Put shortly, the facts of the case as set out in the complaint are that the highest bid of the complainant in respect of the site No.213 located in Sector-5, Rewari in an open auction held on 20.8.2004 as per advertisement published in the newspaper by the opposite parties was accepted. Against the reserve price of Rs.9,33,667, the complainant had deposited 10% of the bid amount vide receipt No.34142 dated 2.8.2004 at the spot which was accepted by the opposite parties. The opposite parties had assured the complainant that the allotment letter would be issued to him within a period of one month. Instead of issuing the allotment letter to him, the opposite parties returned the deposited amount of Rs.1,01,700 along with a letter bearing memo No.1216 dated 21.2.2005. Aggrieved by the refund made, the complainant invoked the jurisdiction of the District Forum seeking directions against the opposite parties to issue the allotment letter of the site in question and also to pay Rs.3 lacs as compensation along with interest @ 18% per annum from the date of the filing of the complaint till realization along with litigation expenses. The complaint was contested by the opposite parties. In the written statement filed it was pleaded that as no allotment letter had been issued to the complainant and he being not allottee, the complaint was liable to be dismissed. They justified the refund of the deposited amount vide cheque No.642299 dated 10.2.2005 and accordingly prayed for dismissal of the complaint. On the basis of the above pleadings of the parties and evidence adduced on record, the District Forum accepted the complaint and issued the directions in its order noticed above. It is against the said order the present appeal has been filed.

(3.) Learned Counsel representing the parties have been heard at length.