H.U.D.A. Vs. SAVITRI MALIK

JUDGEMENT

(1.) THE factual matrix are that respondent was allotted residential plot of dimension of 300 sq. mtrs. in Sector -1, HUDA, Rohtak by petitioner Authority on 15.4.1994 Pursuant to allotment of site, the respondent made deposit of Rs. 30,510 on 23.8.1993 followed by subsequent deposits. Remaining 75% was to be made in six annual instalments alongwith interest @ 15% p.a. Undisputedly, the respondent was delivered possession certificate of the site on 26.2.1996 when he was informed that 50 sq. mtrs. of land was in excess to the initial allotment made to her. The respondent also made payment of Rs. 67,400 which was inclusive of cost of extra land and also the interest which was duly acknowledged by petitioner Authority. The issue became debatable when petitioner Authority raised further demand of Rs. 62,437 representing interest payable for extra land upto 14.10.2003. Both the Fora below have recorded concurrent finding that the allottee was not liable to pay interest for additional land right from the day of allotment of the site as information about respondent's liability to pay cost of additional land for 50 sq. mtrs. was made to the respondent on 26.2.1996 when possession certificate was made available to her. There being concurrent finding of both the Fora below which are well reasoned on proper appraisal of the issue, we find ourselves most reluctant for interference in the order impugned before us. The revision petition, in the circumstances, bearing no merit, is dismissed but without order as to cost. R.P. dismissed.