HUDA Vs. D V BHATIA

JUDGEMENT

(1.) This appeal filed by Haryana Urban Development Authority against the order dated 17th January, 1996 passed by learned District Forum, Gurgaon, whereby the complaint of one D. V. Bhatia has been allowed against HUDA, by directing them "to allot the alternative plot to the complainant in a Sector within two months from today where the price range is similar as that of Sector 21, where the original plot was situated. Interest shall however be payable at the rate of 15% on the amounts deposited by him till the actual date of delivery of the alternative plot to the complainant".

(2.) The complainant had been allotted by HUDA a residential plot on the basis of draw of lots held on 9th May, 1986 but due to pendency of certain litigation the possession of the plot could not be delivered to him, thereupon the complainant approached the District Forum on 1st February, 1995 by filing Consumer Application No.73 of 1995. This complaint was allowed on 16th June, 1995 by issuing a direction to HUDA to allot some alternative plot to the complainant. However when this was not done by HUDA for quite some time and the plot allotted was not acceptable to the complainant, he filed fresh complaint on 28th September, 1995, which has now been allowed, by directing HUDA to allot the alternative plot in a Sector where the price range is similar to that of Sector 21, where the plot was originally allotted to the complainant.

(3.) In the appeal before us, HUDA has challenged that the learned District Forum should have directed the complainant to pay prevalent rate of the alternative plot instead of the rates prevalent at the time the original allotment. On the other hand, Mr. Adarsh Malik, learned Coun sel for the respondent states that since more than 10 years had already passed and possession of any plot had not been delivered to the appellant, the same should be done forthwith, at the same old price and the complainant should not be penalised for the delay on the part of HUDA. To assist HUDA, the complainant has also stated that a plot No.973 was still available in Sector 40, which could be allotted to the complainant.