NCDRC

NCDRC

RP/2519/2009

HUDA - Complainant(s)

Versus

DEVENDER GOSWAMI - Opp.Party(s)

MR. R.S. BADHRAN

18 Mar 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 2519 OF 2009
(Against the Order dated 19/03/2009 in Appeal No. 1159/2002 of the State Commission Chandigarh)
1. HUDAThrough its Estate Officer,HisarHARYANA ...........Petitioner(s)
Versus
1. DEVENDER GOSWAMIS/o SH. Vijender Goswami, R/o Goswami Hospital Near Bus Stand HisarHARYANA2. ABHIHEK GOSWAMIS/o Sh. Vijender Goswami, R/o Goswami Hospital Near Bus Stand HisarHARYANA ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE B.N.P. SINGH ,PRESIDING MEMBER
For the Petitioner :MR. R.S. BADHRAN
For the Respondent :MR. BHARAT SWAROOP SHARMA

Dated : 18 Mar 2010
ORDER

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Heard learned counsel for petitioner and respondent. SCF No.131, a commercial complex of U.E.I Hisar was allotted to respondent-complainant by virtue of allotment letter issued on 2.2.2000 also stipulating therein offer of possession made to the allottee. However, since standard design had not been supplied to the respondent at that point of time and which could not be made available to him, he moved petitioner for supply of site plan on 28.6.2001. It is not in dispute that standard designe was supplied to respondent only on 5.12.2001 by petitioner. After petitioner raised demand against respondent calling upon him to pay interest from the day possession was offered alongwith allotment letter, eyebrows were raised -2- by respondent questioning authority of petitioner to levy interest from date of offer of possession which was virtually an eye-wash as no construction could have been raised by respondent, there being no approved site plan with him. A consumer complaint eventually came to be filed with District Forum, which having overruled contentions raised on behalf of petitioner made observation that there being no approved site plan with respondent, possession be treated to have been offered to respondent on 5.12.2001 and petitioner was directed to realize interest from that date alone. State Commission which affirmed finding of District Forum, dismissing appeal filed by petitioner authority, observed that petitioner had failed to demonstrate that standard designed plan was made available to allottee alongwith letter of allotment. Defence of the petitioner which was taken before Fora below is also sought to be reiterated before me taking recourse of Rule-6 of HUDA (Erection of Building) Regulations 1979, which gives option to the allottee also to obtain site plan from Estate Officer on payment of prescribed fee. This defence did not appear to have impressed Fora below and I too find myself in conformity that no fault can accordingly be found with the order of the State Commission, which is impugned in this revision -3- petition and that being so, revision petition, being without substance is dismissed with no order as to costs.



......................JB.N.P. SINGHPRESIDING MEMBER