K.C. BHATIA C/O. SNEH INTERNATIONAL, PLOT NO.142, INDUSTRIAL AREA, PHASE Vs. HUDA & ANR. THROUGH ITS CHIEF ADMINISTRATOR, SECTOR

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 19.04.2010, passed by the Haryana State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in Appeal No. 1026/2008, "Haryana Urban Development Authority (HUDA) & Ors. Vs. K.C. Bhatia", vide which, while allowing the said appeal, the order dated 30.11.2007, passed by the District Forum Panchkula in consumer complaint No. 134/2007, filed by the present respondent, allowing the said complaint, was set aside and the consumer complaint was ordered to be dismissed.

(2.) Briefly stated, the facts of the case are that the complainant K.S. Bhatia, who is a non-resident Indian (NRI), was allotted an industrial plot No. 142, Phase-II, Panchkula, vide allotment letter dated 29.11.1991 by the Estate Officer (HUDA-NRI) Industrial Development Group Haryana, Chandigarh. As per instructions/policy issued by the Chief Administrator (HUDA), vide memo No. A II-88/34630-47 dated 4.10.88, it was stated that in accordance with the decision of the authority taken in their 38 Meeting held on 15.07.1988, it was laid down that 5 residential plots of 1 kanal category and two residential plots of 2 kanal category be reserved for allotment to NRI in all urban estates, where the plots of above categories are floated in future, and the allotment of residential plots be made to those NRIs, who have already been allotted industrial plots in adjoining or neighbouring industrial estates established by HUDA or the Haryana State Industrial Development Corporation (HSIDC) and the payment is made in foreign currency. The policy was modified vide another letter No. NRI-90/9793 dated 09.05.90, issued by the Chief Administrator (HUDA) in accordance with decision of the Authority in its meeting dated 30.03.90, and it was stated that in future, two residential plots of one or two kanal category and five residential plots of 350 sq. yards be reserved for allotment to such NRIs as stated above. The complainant submitted an application dated 101992 to the Estate Officer, Industrial Assistance Group, 30 Bays Building, Sector-17, Chandigarh, which was forwarded to the OP HUDA, vide letter dated 28.0199 It was stated in the letter dated 101992 of the complainant that as advised, he had deposited a sum of 50,000.00 from his NRI account at Chandigarh in Bank of India with Estate Officer, HUDA vide DD No. CDG5662091 dated 201.199 Thereafter, the complainant wrote letters dated 04.04.1992, followed by reminder dated 004.1994 to the HUDA authorities, requesting for allotment of a 500 sq. yard residential plot in one of the developed sectors. The Estate Officer, HUDA, Panchkula sent a letter dated 19.08.1994 to the Chief Administrator, HUDA, Panchkula, saying that the construction on the industrial plot No. 142, allotted to the complainant was complete, but production had not been started till date. The Chief Administrator, HUDA sent a letter dated 07.03.1995 to the Director of Industries, Haryana requesting them for sending information with respect to the commencement of production on the said plot. In reply, the Director of Industries Haryana, vide their letter dated 19.1.1996, sent a reply that the factory building had been constructed, but no industrial activity was going on in the building. Further, the Chief Administrator (HUDA) circulated a letter dated 06.05.1997, saying that the residential plots to the NRIs were to be offered, when they at least complete the building upon the industrial plot allotted, install machinery and are ready to start commercial production. Further, they will not be allowed to dispose of the plot for a period of 10 years.

(3.) On the other hand, the complainant stated in his complaint that he kept on pursuing his entitlement regarding the residential plot with the OPs and he made several visits to them. He sent a reminder application to the OPs on 21.01.2005 and another reminder dated 19.05.2005, but the residential plot was not allotted to him.