Pardeep Sharma vs Chief Admn.,Haryana Urban ...

3. Brief facts which led to the filing of these appeals are as follows:- The appellant/complainant was allotted a plot bearing No.1048 in Sector 64, Faridabad measuring 250 sq. yds. vide Memo No. 399 dated 01.01.2001 at the rate of Rs.1,865/- per sq. yd. The appellant along with the application form had deposited 10% as earnest money and 15% of the sale consideration was deposited on 22.01.2001. Balance amount of 75% of the total cost was to be deposited by the appellant in six yearly equal instalments with 15% interest per annum to Haryana Urban Development Authority (for short ‘HUDA’). HUDA issued the demand notice to the appellant calling upon him to pay a sum of Rs.59,782.50 vide Memo No.38698 dated 04.10.2002 on account of enhancement of the cost of the plot, which as per the terms of allotment they have right to do so. The appellant has failed to deposit the said amount and hence the possession of the plot was not delivered to him. Alleging that there was deficiency on the part of HUDA for not delivering the possession, the appellant filed a complaint before the District Consumer Disputes Redressal Forum, Faridabad (for short ‘District Forum’) praying for issuance of direction to HUDA to hand over the possession of the plot by adjusting the amount already deposited. During the pendency of the said complaint before the District Forum, the amount deposited by the appellant towards price of the plot was refunded to and accepted by the appellant. The fact that the appellant had taken refund was however not brought to the notice of the District Forum which passed the award on 19.12.2005. The District Forum vide Order dated 19.12.2005 allowed the complaint and directed the respondents to re-allot the same plot to the appellant on the same price and hand over the possession of the same to him. The District Forum ordered that the amount already paid by the appellant to be adjusted against price of the plot now to be allotted to the appellant as per the order. Additionally, respondents were also directed to pay Rs.50,000/- on account of mental agony, harassment and damages and also Rs.5,000/- on account of litigation expenses.

4. Aggrieved by the said order, HUDA filed appeal bearing No.708/2006 before the State Commission. When the appeal was pending before the State Commission, the appellant filed execution petition and in compliance of the order dated 02.09.2009 by the District Forum in Execution Petition No.504 dated 12.05.2006, physical possession was handed over to the appellant. The State Commission vide order dated 02.12.2010 allowed the appeal and thereby set aside the award passed by the District Forum observing that the respondent/complainant cannot claim any relief with respect to the plot voluntarily surrendered by him and the District Forum erred in accepting the complaint. The State Commission further held that the complainant having accepted the refund amount of 10% after surrendering the plot, the respondent/complainant was no longer a consumer. As against the order passed by the State Commission, appellant preferred revision before the National Commission and the same was dismissed by the impugned order dated 19.07.2011. The review application No.142/2011 filed by the appellant also came to be dismissed by another order dated 29.09.2011, which is also now under challenge.

per sq. mtrs. in the year 2010.

That the rate for the year 2010 was Rs. 6200/- per sq. mtrs. and after the year 2010, the rate was not finalized till the year 2014-15, hence the deponent is not in position to intimate the rate of the year 2011. Moreover it is submitted that the rate of the year 2014-15 is Rs. 10500/- per sq. mtr.” Considering the fact that the appellant has deposited the then cost of the plot way back in 2009 and other facts and circumstances and in the interest of justice, we direct HUDA to permit the appellant to retain the plot subject to the condition that the appellant pays the cost of plot at the prevailing HUDA rate i.e. Rs.10,500/- per sq. mtr.

12. The impugned orders passed by the National Commission are set aside and these appeals are allowed. Respondent-authority/HUDA shall permit the appellant to retain the plot subject to the appellant’s depositing the amount at the current HUDA rate of the year 2014-15 i.e. Rs.10,500/- per sq. mtr. after adjusting the amount already deposited by the appellant. The appellant shall deposit the said amount within four months from the date of this judgment and on such deposit, HUDA shall execute the necessary document and issue no objection certificate and clearances as may be required within four weeks thereafter. It is further directed that the respondent-authority shall proceed against the delinquent officials/officers who are responsible for the lapses in accordance with law. In so far as action taken in the disciplinary proceedings, the respondent-authority shall file compliance report before this Court within nine months. In the facts and circumstances of the case, we make no order as to costs.

.…………………….CJI.

(T.S.THAKUR) ....…………………….J. (R. BANUMATHI) New Delhi;

January 7, 2016