Case: Pratap Singh Yadav Vs. Haryana Urban Development Authority and Ors

Residential Plot No.2342 situate in Sector II, HUDA, Faridabad was allotted in favour of the appellant in terms of allotment letter dated 18th November, 1998. The appellant had pursuant to the said allotment deposited 25% of the tentative price of the plot in installments within the time stipulated by the allotment letter. On receipt of a letter dated 30th October, 2000 from the respondent-Haryana Urban Development Authority (for short, ?the HUDA?), the appellant appeared before the Estate Officer, Faridabad on 13th November, 2000 and filed an application for surrender of the plot and the allotment n his favour. That application was allowed by the Estate Officer and after deducting 10% of the earnest money, the balance amount deposited by the appellant was refunded to him by a cheque dated 1st December, 2000, which was received and encashed by the appellant without protest. A consumer complaint, all the same, was filed by the appellant before District Consumer Forum, Faridabad, in which the appellant prayed for a direction against the respondent for restoration of the plot in question or for allotment of an alternative plot of similar size at the same price besides compensation of Rs.2,00,000/- for the harassment and mental agony suffered by him. By an order dated 26th October, 2005, the District Forum allowed the complaint filed by the appellant and directed the respondent-HUDA not only to pay interest at the rate of 12% per annum on the deposit made by the appellant from the date of the deposit till the amount was refunded but also to deliver the possession of the plot to the appellant. The District Forum further ordered payment of a sum of Rs.50,000/- to the appellant towards compensation for the mental agony and harassment caused to him. Litigation expenses of Rs.5,000/- were also awarded in favour of the appellant by the District Forum.      Aggrieved by the order passed by the District Forum, the respondent HUDA preferred an appeal before the State Consumers Disputes Redressal Commission which appeal was allowed by the State Commission by its order dated 4th October, 2010. The State Commission while setting aside the order passed by the District Forum and dismissing the compliant held that the appellant was not a consumer within the meaning of the Consumer Protection Act, 1986 (for short, ?the Act?) since he had voluntarily surrendered the plot in question. It was further held that the complaint filed by the appellant was beyond the period of limitation prescribed, hence, liable to be dismissed on that ground also.      Aggrieved by the order passed by the State Commission, the appellant filed Revision Petition No.186 of 2011 before the National Commission. The National Commission has, as noticed earlier, dismissed the said revision and affirmed the order passed by the State Commission. Review Application No.191 of 2012 filed by the appellant also having failed, the present special leave petition seeks to assail orders passed by the State Commission and the National Commission.

Reasoning:
As regards the complicity of officials of HUDA in the entire process, the preliminary report submitted to this court by the Chief Administrator, HUDA leaves no room for taking a lenient view either by HUDA or by this Court. HUDA is bound to take proper disciplinary action against those found responsible and to suitably punish them in accordance with law. To that extent there is no difficulty in issuing a direction, which we do hereby issue.Coming to the second aspect we had by our order dated 29th April, 2016 directed HUDA to file an affidavit indicating the prevalent rate of land in Sector II, Faridabad for the period 2015-16 of plots of the size of 235 sq. meter. HUDA has accordingly filed an affidavit by the Estate Officer stating that the rate for allotment for land in Sector II, Faridabad for the period 2015-16 is Rs.18,000/- per sq. meter. It was contended on behalf of the petitioners, who happen to be the legal heirs of the deceased allotee that this Court has in Pradeep Sharma vs. Chief Administrator, Haryana Urban Dev. Authority & Anr. in Civil Appeal Nos.52-53 of 2016 in almost identical circumstances directed the continuance of allotment made in favour of allottee subject to his paying the prevalent HUDA rate for the plot of land upon which he had constructed a house in Sector 64 of Faridabad in almost similar circumstances and in connivance with HUDA officials. A reading of the said order does support that submission. That too was a case where the complainant had received the refund of the amount deposited by him and then approached the District Forum for restoration of his allotment. The District Forum had as in the present case ordered restoration of the allotment to the complainant after adjustment. While an appeal was pending before the State Commission, the complainant had in that case filed an execution petition and got the allotment restored along with the possession of the plot. The State Commission had subsequently set aside the order passed by the District Forum and dismissed the complaint but the complainant had in the meantime constructed a building over the plot in question. It was in that background that we had, as in the present case directed an enquiry into the circumstances in which the allotment of the plot and other steps like sanction of the building plans and no encumbrance certificate and other certificates were issued to the complainant. The HUDA had accordingly conducted an enquiry as is the position in the instant case also and found that some of the officials had been responsible for conniving with the complainant in that case. This Court had taking into consideration all the circumstances and especially the fact that the complainant had already constructed a house over the plot in question directed the appellant would retain the same on his depositing the prevailing cost of the plot in dispute after adjusting the amount already deposited. We have no reason to deny similar relief to the appellant in the instant case also. It is true that the appellant has been a beneficiary of what is and can be said to be a fraudulent allotment yet keeping in view the peculiar facts and circumstances of the case demolition of the house and restoration of the plot to HUDA may at this stage work rather harshly for him/them. The proper course, therefore, is to allow the allotment to continue subject to the appellant depositing the prevalent price of the plot at the rate of Rs.18,000/- per square meter as indicated