HUDA & ANR. Vs. INDRA SOBTI

JUDGEMENT

(1.) This revision petition is filed under Section 21(b) of the Consumer Protection Act, 1986 challenging the impugned order dated 7.12.2009 passed in first appeals No. 2926 of 2002 and 536 of 2003 by Haryana State Consumer Disputes Redressal Commission, Panchkula, by which the State Commission dismissed appeal No. 536 of 2003 filed by the OP and accepted the appeal of the complainant and modified the order of District Forum, Panchkula in appeal No. 2926 of 2002 filed by the complainant.

(2.) The relevant brief facts are that the complainant, Ms. Indra Sobti was allotted plot No. 435-P, Sector 2, Faridabad vide allotment letter dated 18.11.1998. The complainant deposited entire consideration of the plot as per the payment schedule of OPs. However, the OPs have not developed the area where the plot was located and did not hand over the possession of the plot even after 3? years of the allotment. Therefore, the complainant could not raise the construction over her plot. Due to this, she sought refund of deposited amount, which was accepted by the OPs and deducted 10% of the tentative price of the plot, as per their policy.

(3.) Therefore, the complainant filed a complaint before the District Forum, Faridabad (herein after referred as 'the District Forum') and alleged that HUDA cannot deduct any amount as surrender of plot, which was not proper for possession. Hence, it was a deficiency in service on the part of OPs.