HUDA Vs. USHMA RANI DUREJA

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and respondent on admission.

(2.) THE factual back grounds are that the respondent was allotted a plot in Sectors 13, 17, Panipat by Haryana Urban Development Authority on 23.9.1993. The respondent deposited earnest money of Rs. 16,146 and Rs. 28,256 being 25% of tentative price, for which demand was raised by the petitioner authority. The rest amount was to be paid by respondent in instalments. The respondent however did not adhere to schedule of payment and failed to pay the instalments due to her. In terms of provisions of Section 17 of the HUDA Act, 1977, the petitioner authority specified Estate Office resorted to resumption of the plot on 1.1.2002. The respondent while taking recourse to Consumer grievance Redressal Agency filed a complaint with the District Forum, on appraisal of which the District Forum while accepting complaint directed HUDA to allot another plot to the respondent with liberty to the petitioner authority to charge the interest or penalties as per rules. The petitioner was also given liberty to charge additional sum for the increased area of the new plot if any.

(3.) AGGRIEVED HUDA took the matter to the State Commission and the State Commission in terms of observations made by the Hon'ble Division Bench of Punjab and Haryana High Court in case of Sandhya Jindal v. State of Haryana, reported in 1996 (3) PLR 614, considered and disposed of the case. It seems that the Counsel for the petitioner HUDA also made submissions to follow the direction as contained in the order of the Hon'ble High Court.