LAWS(NCD)-2008-3-50

HARYANA URBAN DEVELOPMENT AUTHORITY Vs. ISHWAR RAWAT

Decided On March 10, 2008
HARYANA URBAN DEVELOPMENT AUTHORITY Appellant
V/S
ISHWAR RAWAT Respondents

JUDGEMENT

(1.) MR. Justice K. C. Gupta, President-This appeal has been directed by opposite party Nos. 2 to 4 against order dated 7. 8. 2007 passed by Consumer Disputes Redressal Forum-I, U. T. Chandigarh (hereinafter to be referred as District Consumer Forum), vide which complaint of respondent No. 1 (complainant) was accepted with costs of Rs. 2,100 and appellants as well as respondent No. 2 were directed to restore the allotment and complete the development works around the booth i. e. pavements, public toilet, drainage system, etc. and further respondent No. 1 would not be liable to pay interest on the balance amount and they were directed to recover the balance amount without interest.

(2.) BRIEFLY stated the facts are that Sh. Ishwar Rawat, respondent No. 1 (complainant) was allotted commercial booth No. 48-P, Sector-17, Faridabad measuring 27 sq. yards in open auction vide allotment letter dated 19. 4. 1996. He had deposited 25% of the purchase money as per allotment letter and physical possession was delivered to him vide letter dated 14. 5. 1996.

(3.) IT was next averred that appellants and respondent No. 2 failed to provide basic amenities and develop the area as per terms and conditions of the allotment letter as pavement was not constructed and there was no drainage system and further no public toilets were provided and green belt was not developed around the booth, although respondent No. 1 had asked them several times to provide the basic amenities and complete the development work. It was further stated that he was not liable to pay interest on the instalments as development work was not completed and further he had completed construction as per site plan approved by the department but the conveyance deed was not executed in his favour.