In the execution application which was filed before the Consumer Disputes Redressal Forum, Karnal, the District Forum by order dated 3rd July, 2008, held on the basis of RTI Act, information received by the complainant that Plot No. 399, Sector 9, Part II, Karnal has been kept reserved by Haryana Urban Development Authority (HUDA) because of Court proceedings. As, the HUDA suppressed this fact, the District Forum observed that the case in hand is a glaring example to establish that the consumer is not a king but could be subject or object of harassment by none other than the statutory body like HUDA. Thereafter, directions were issued to HUDA to hand over the possession of Plot No. 399 to the complainant within seven days. The learned Counsel for the petitioner- HUDA was unaware of the said fact, hence, by order dated 20th August, 2008 we directed the Estate Officer, HUDA to remain personally present. After obtaining instructions from the Estate Officer, HUDA, the learned Counsel for the HUDA submits that the plot is kept reserved, because the proceedings were pending. In this view of the matter, the order passed by the State Commission directing the HUDA to deliver the possession of the plot to the complainant cannot be said to be in any way erroneous or illegal which would call for interference. However, the learned Counsel for the petitioner submitted that the District Forum has modified the order passed by the State Commission in execution proceedings. In our view, this submission is totally baseless, the order passed by the District Forum specifically makes it clear that HUDA shall deliver the possession of the said plot to the complainant and in case the plot is not available it would be open to HUDA to allot an alternative plot and in case no such plot was available, HUDA was directed to refund the amount with interest @ 18% per annum from the date of deposit. The said order is as under: “(a). That OP shall allot to the complainant plot measuring 299 sq. meters in lieu of plot No. 855- P, Sector – 8, Urban Estate Karnal. The rate about per sq. meters for the said plot shall be the same as in the case of plot in dispute i.e. plot no. 855 – P, Sector 8, Urban Estate, Karnal. (b). That in case no alternative plot of 399 sq. meters area is not available in Sector – 7 or Sector – 8, Urban Estate, Karnal, OP may look into the desirability of allotting plot No. 17 – P, Sector – 7, Urban Estate, Karnal. The price therefore, shall be as one prevailing in the said sector in the year 1989 plus enhancement amount etc., in the case the allotment of the said plot is possible. (c). That the OP shall complete the exercise as given in A & B above within a period of three month from the date of this order. In case both the alternatives as given in A & B as above, are not possible for any reason OP shall refund the amount deposited by the complainant at the rate of 18% per annum from the date of deposit till the date of refund. This order shall be carried out within a further period of 30 days from the completion of exercise relating to A & B as above.” Hence we depreciate the unjustified suppression on the part of the concerned officer. HUDA is directed to deliver the possession of the plot to the complainant within a period of fifteen days from today. This order is passed in the presence of Estate Officer, HUDA. Revision petition stand disposed of accordingly. There shall be no order as to cost.
......................JM.B. SHAHPRESIDENT
......................JK.S. GUPTAMEMBER | | 
