IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.712 of 2011 (O&M) Date of decision: 27.7.2011 Vijay Rani Garg -----Appellant Vs. Chief Administrator, HUDA & others -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present:- Mr. Sandeep Sharma, Advocate for the appellant. --- ADARSH KUMAR GOEL, ACJ 1. This appeal has been preferred against order of learned Single Judge dismissing the writ petition of the petitioner- appellant for direction to allot a plot at Gurgaon. 2. Case of the appellant is that in the year 1981, the appellant applied for a plot and deposited earnest money. In draw of lots held in the year 1984, the appellant was not sent any intimation nor the earnest money was refunded to the appellant. In the year 2007, the appellant filed a complaint before the District Consumer Forum, Gurgaon for a direction to allot a plot and the said forum dismissed the complaint, which order was upheld by the State Commission and the National Commission. Later, the L.P.A. No.712 of 2011 appellant was advised that the Consumer fora had no jurisdiction in the matter and on that advice, writ petition was filed. The petitioner was entitled to allotment of plot as the State was a welfare State and 10% earnest money paid by the appellant remained deposited for a long period. 3. Learned Single Judge dismissed the writ petition holding that having approached the Consumer Forum, the appellant could not take a plea that the said forum had no jurisdiction when the matter was decided against the appellant on merits. 4. We have heard learned counsel for the appellant. 5. Reference to above proceedings shows that the case of the appellant was duly considered by the District Consumer Forum on merits and it was held:- “In our opinion, the complainant was not entitled to get allotted plot in Sector-12-A or in another Sector of HUDA, authority which has been referred to by the counsel for the complainant was of no help to the complainant and the complainant was entitled to refund of Rs.2174/- from the opposite party alongwith interest at the rate of Rs.9% per annum from the date of deposit i.e. 16.10.1981 till its actual realization and also to pay Rs.5,000/- towards harassment caused by the opposite party and to pay Rs.5,000/- towards litigation expenses. The present order is ordered to be complied with within one month from the date of receipt of the copy of this order. File be consigned to the records after making due compliance.” 2 L.P.A. No.712 of 2011 The above order has been affirmed by the State Commission as well as the National Commission. 6. It is patent that the appellant kept quite for 26 years and thus, it has been rightly held that the matter suffers from laches. Moreover, deposit of earnest money did not create any right for allotment of plot in favour of the appellant. 7. There is, thus, no ground to interfere with the view taken by learned Single Judge. The appeal is dismissed. (ADARSH KUMAR GOEL) ACTING CHIEF JUSTICE July 27, 2011 ( AJAY KUMAR MITTAL ) ashwani JUDGE 3