HARYANA URBAN DEVELOPMENT AUTHORITY Vs. NARINDER KUMAR BATTA

JUDGEMENT

(1.) The Haryana Urban Development Authority (for short 'the HUDA') has come up in appeal against the order dated February 15,1996, passed by the learned District Consumer Disputes Redressal Forum, Gurgaon, whereby the complaint of one Narinder Kumar Batta has been allowed and the Demand Show Cause Notice dated February 9,1995, issued by HUDA for Rs.6.300/- by way of extension fee has been set aside.

(2.) According to the complainant, he is the owner of plot No.48, Sector 14, Gurgaon, measuring 250 Sq. Yrds. On December 1, 1993, he detected that the front portion of his plot was shortened by 3 feet due to the construction of the adjoining plot No.47. In order to restrain his neighbour from proceeding further with construction, he approached the Civil Court on December 3, 1993, for obtaining a prohibitory order. However, the civil suit was dismissed on 18.10.1994.

(3.) According to HUDA, the plot was reallotted to the complainant on 7.10.1991 and the area at the site was found to be 27' x 75' and not 30' x 75'. However, as ordered by the Civil Court, the refund of the necessary amount was duly remitted by HUDA to the complainant. Despite that, the complainant approached the learned District Consumer Disputes Redressal Forum, Gurgaon, after the expiry of the period of two years from the date of the delivery of possession, i. e.7.10.1991. The objection of limitation raised by HUDA was, however, declined by the learned District Consumer Disputes Redressal Forum and the complaint was dismissed on the ground that it was on 18.10.1994 after the conclusion of the civil suit, that the complainant thought of evoking the jurisdiction under the Consumer Protection Act.