NCDRC

NCDRC

RP/1072/2012

HARYANA URBAN DEVELOPMENT AUTRHORITY & ANR. - Complainant(s)

Versus

BIMLA DEVI - Opp.Party(s)

MR. R. S. BADHRAN

25 May 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1072 OF 2012
 
(Against the Order dated 24/10/2011 in Appeal No. 536/2008 of the State Commission Haryana)
1. HARYANA URBAN DEVELOPMENT AUTRHORITY & ANR.
Through its Chief Adminstrator, Sector-6
Panchkulka
Haryana
2. The Estate Officer,
HUDA
Bhiwani
Haryana
...........Petitioner(s)
Versus 
1. BIMLA DEVI
W/o Mange Ram, R/o Garh Bhawan, Behind, Kishori lal Seva Sadan, Naya Bazar
Bhiwani
Haryana
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :MR. R. S. BADHRAN
For the Respondent :NEMO

Dated : 25 May 2012
ORDER

JUSTICE J. M. MALIK, PRESIDING MEMBER The bare facts of the revision petition are these. Respondent/ complainant, Smt. Bimla Devi was allotted a plot by Haryana Urban Development Authority, bearing No. 1758 in Sector 13, HUDA, Bhiwani, vide allotment letter dated 27.08.1991. The letter also mentioned the tentative price of the said plot as Rs.2,46,960/-. The respondent deposited the entire amount. The grouse of the respondent/complainant was that she was not given the possession of the said plot. 2. On the other hand, the petitioner hotly contested the complaint. According to it, the offer of possession was given to the complainant on 25.06.1994 and the complainant challenged the development after 10 years. All the disputes, according to the Agreement, were to be decided by the Arbitrator, the Chief Administrator or any other Officer, appointed by him. It is averred that in order to bring this case within the period of limitation, the legal notice was served on 10.02.2003. Since the offer of possession was made after providing the essential amenities, therefore, there was no deficiency in service on the part of the petitioner. Both the fora below have passed the orders against the petitioner. 3. We have heard the counsel for the petitioner, at the time of admission of this case. Learned counsel for the petitioner argued that this case was barred by time. He admitted that, although, the petitioner could not produce conclusive evidence that the offer was made to the petitioner to have the possession of the plot on 25.06.1994, yet, it was the duty of the respondent to approach the HUDA, for getting the possession of the premises, in dispute. 4. Instead of coming to the centre of the point, the learned counsel for the petitioner laid emphasis on peripheral matters. It appears that the petitioner has placed on record the letter offering the possession vide letter dated 25.06.1994 bearing Memo No. EOB 2349. However, the petitioner has failed to prove that this letter has been served upon the respondent/complainant. The District Forum gave several opportunities to the petitioner to prove this plea of producing cogent and plausible evidence, but the same was not produced for the reasons best known to it. In the absence of this evidence, the clear picture does not emerge. The production of this documentary proof would have gone a long way to pull this case out of the morass it is in. Consequently, it cannot be said that the complaint is time barred or there was no deficiency on the part of HUDA. This is no part of the duty of the complainant to approach the petitioner. The revision petition is dismissed, in limine, with no order as to costs.

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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