BABU RAM Vs. ESTATE OFFICER HUDA

JUDGEMENT

(1.) In this appeal filed by complainant - Babu Ram order of District Forum, Yamuna Nagar dated 26th July, 1995 has been challenged on the ground that the amount of Rs.10,000/- awarded by way of damages for delayed allotment of plot and sanctioning of the site plan by Haryana Urban Development Authority is inadequate and the same should be enhanced. In fact, the complainant is not the original allottee, but he has purchased this plot from one Om Parkash after obtaining permission of HUDA for the transfer of the plot in his favour on 9th September, 1993. Thereafter when the complainant submitted his site plan for obtaining sanction of HUDA, it transpired that owner of the adjacent plot No.1269 had wrongly constructed his building on the plot No.1270, which the complainant had got transferred in his favour. In view of this, the complainant consented for the allotment of plot No.1269 instead of 1270, but due to procedural bottle necks, the same could not be transferred in his favour.

(2.) On the basis of the aforesaid factual position, the learned District Forum allowed the complaint by directing HUDA to deliver the possession of plot No.1269 forthwith and also awarded a compensation of Rs.10,000/- by way of costs and damages. Against this order, HUDA filed Appeal No.361 of 1996, but the same has been dismissed on 31st July, 1996 along with number of other similar appeals. So far as the present appeal is concerned, the only ground advanced by the learned Counsel for the complainant-appellant is that, as the complainant had suffered a huge loss due to deficiency in service on the part of HUDA, compensation of Rs.10,000/- was wholly inadequate and the same should be enhanced. On the other hand, learned Counsel for HUDA has vehemently pleaded that since the case had a chequered history as the complainant had purchased this plot from the original allottee and thereafter when the owner of the adjacent plot had wrongly constructed the plot, the complainant had filed a civil suit for the delivery of possession of the built house on plot No.1270 and it was there after that he consented for taking possession of plot No.1269 instead of 1270, for which the proposal had already been submitted to the competent Authorities under the HUDA Act, compensation of Rs.10,000/- was quite adequate. After hearing the learned Counsel for the parties and taking into consideration the factual position of the case we are satisfied that amount of Rs, 10,000/- already awarded by the learned District Forum as costs and damages could adequately meet the ends of justice. Consequently the appeal is dismissed with no order as to costs.