SANJEEV NAYYAR Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This order shall dispose of two Appeal Nos.497 of 1997 filed by Sanjeev Nayyar, and 585 of 1997 filed by the Haryana Urban Development Authority, as both these appeals are against the same order dated 22.8.1997 passed by the learned District Consumer Forum, Gurgaon.

(2.) Complainant Sanjeev Nayyar had approached the District Consumer Forum, Gurgaon, with the grievance that even though a residential plot No.2950 measuring 286 sq. metres in Sector 23-23a, Gurgaon, had been allotted to him at a price of Rs.67,700/-, which was deposited by him immediately after the letter of allotment dated 11.8.1986, yet the physical possession of the plot was not handed over to him by HUDA for a considerably long period. Rather HUDA had raised an additional demand of Rs.66,055.20 on 7.6.1990. Aggrieved against that, the complainant approached the learned District Consumer Forum, Gurgaon, for the redressal of his grievance and the learned District Forum by a detailed and well-reasoned order dated 27.5.1996 ordered the delivery of possession of the plot to the complainant forthwith. The concluding portion of the said order is reproduced below: "the allotment took place in the year 1986 and a period of full one decade has been taken by the respondent in carrying out the development activity. The period is too long. The large number of plots does not mean that an allottee be kept in wait for such a long period. There has occurred price escalation and the complainant was deprived of the comforts and benefits of living in his own house. Still, there is no hope as to how much time is taken in making the offer regarding the possession. So, the respondent is ordered to deliver the possession of the plot to the complainant within two months from today. The complainant also deserves to be compensated for the delay and in our opinion the interest on the deposit shall be enough compensation. So, the respondent is further directed to pay interest @ 15% p. a. on the entire deposit so far made by the complainant from the date the other allottees were delivered the possession in that Sector till the date of possession. "

(3.) However, when the aforesaid order was not complied with by the respondent-HUDA within the stipulated period and on the other hand an additional demand of Rs.1,57,306/- was raised by adding interest on the instalments by styling the same as delayed payments, etc. the complainant filed the present execution application.