DARSHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Complainant Darshan Singh of Panchkula has invoked the original jurisdiction of this Commission by filing the present complaint alleging deficiency in service against Haryana Urban Development Authority in the matter of allotment, delivery of possession resulting into cancellation of allotment etc.

(2.) According to the complainant plot No.113-P in Sector 9-A, Gurgaon was allotted to the complainant by HUDA on 12th July, 1993. Later on, the complainant asked HUDA to cancel the allotment and refund the earnest money by his application dated 28th July, 1993. When HUDA failed to act upon the request for cancellation, the complainant withdrew his request for cancellation. Despite that HUDA cancelled the allotment and forfeited the earnest money amounting to Rs.47,964/- deposited by the complainant. The complainant approached the Authorities time and again for withdrawing the cancellation of allotment and for restoring the plot No.113-P, Sector 9-A, Gurgaon, which was more than Rs.5 lacs in value but HUDA declined to restore the allotment and to deliver possession of the same to the complainant; nor was the amount forfeited refunded to the complainant. Aggrieved by this deficiency in service on the part of HUDA, the present complaint has been filed.

(3.) In their written reply, HUDA pleaded that the complaint was not maintainable under the Consumer Protection Act, as the complainant should have gone before the Civil Court or should have resorted to other statutory proceedings under the HUDA Act by way of appeal or revision etc. On merits, however, there is no dispute with the factual position and the same stands almost admitted.