CHANDA AGGARWAL Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Smt. Chanda Aggarwal has invoked the original jurisdiction of this Commission by filing the present complaint alleging deficiency in service against HUDA and demanding adequate compensation for their failure in delivering possession of plot in dispute.

(2.) Complainant was allotted plot No.6-P measuring 836 square metres for tentative price of Rs. l,85,000.15 on 31st May, 1986. The necessary payment by way of instalments was made by the complainant as stipulated in the letter of allotment dated 31st May, 1986. Despite the possession was not delivered to the complainant. On the other hand, a sum of Rs.2,18,764.48 was demanded by HUDA by way of enhanced compensation. Aggrieved against that, the complainant approached the Civil Court for claiming injunction and the recovery of the enhanced compensation was stayed. Aggrieved by the deficiency in service on the part of HUDA, complainant has claimed a sum of Rs.14,55,800/- by way of compensation especially when development works have not been completed by HUDA even during the last more than 10 years after the plot was allotted to the complainant.

(3.) In their written statement, HUDA pleaded that as the complainant had already approached the Civil Court in which identical questions are involved for the determination of the Court and the case was pending before the Additional District Judge, Hisar, the present complaint was not maintainable. On merits, it was pleaded that enhanced price of the plot was rightly demanded by HUDA as enhanced compensation had to be paid by them to the land owners, whose land had been acquired under the Land Acquisition Act. It is further pleaded that since the Hon'ble High Court had granted stay against HUDA, development in the area including the plot in dispute could not be made by HUDA.