NCDRC

NCDRC

RP/1016/2013

HARYANA URBAN DEVELOPMENT AUTHORITY - Complainant(s)

Versus

GEETA SHARMA - Opp.Party(s)

MR. R.S. BADHRAN

29 Jul 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1016 OF 2013
 
(Against the Order dated 17/12/2012 in Appeal No. 1163/2012 of the State Commission Haryana)
WITH
IA/1870/2013
1. HARYANA URBAN DEVELOPMENT AUTHORITY
THROUGH ITS ESTATE OFFICER, HUDA
REWARI
HARYANA
...........Petitioner(s)
Versus 
1. GEETA SHARMA
W/O DR. M.P SHARMA, R/O FLAT NO, C/9,DELHI CITTIZEN ,SECTOR-13, ROHINI
DELHI - 110085
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Mr. G. S. Mani, Advocate
For the Respondent :NEMO

Dated : 29 Jul 2013
ORDER

 

Briefly stated, the facts of the case are that plot No. 179, Sector-6, Part I Dharuhera, District Rewari, Haryana was allotted to its original

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allottee Colonel Pawan Kumar on 16.08.1995.  Thereafter, the aforesaid plot was purchased by the Complainant/respondent from its original allottee in June, 2005 and the Conveyance Deed in respect of the plot in question was executed in her favour on 22.03.2005.  The complainant/respondent was re-allotted the plot vide re-allotment letter dated 18.10.2005.  Physical possession of the plot was handed over to her on 23.12.2007.  The complainant/respondent, thereafter, constructed the house after getting the completion of the construction approved from the petitioner and after completion in August, 2010 she applied for Completion Certificate but her file was returned without any reasons.   Respondent again applied with the petitioner.  Petitioner vide letter dated 22.11.2011 rejected the application on the ground that a sum of Rs.1485/- was still outstanding against her and the date to extend time to complete the construction had already expired and Occupation Certificate or POC was not even applied for.  The complainant/respondent again requested the petitioner to give Completion Certificate but nothing was done by the petitioner.  The respondent/complainant had submitted that no amount was due against her.  Being aggrieved respondent filed the complaint before the District Forum. 

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          Petitioner in the Written Statement took the stand that the possession of the plot was handed over to the original allottee, i.e., Pawan Kumar in the year 1995 and as per HUDA policy, construction thereon should have been completed within 15 years and since the construction was not completed within 15 years, petitioner had resumed the plot and the Completion Certificate could not be given. 

          District Forum rejecting the stand taken by the petitioner allowed the complaint and held that the petitioner had acted in a high-handed manner.  Petitioner was directed to give Completion Certificate.  Petitioner was also directed to pay compensation of Rs.1,50,000/- to the respondent/complainant for undue harassment caused to the respondent.  Rs.1100/- were awarded towards litigation expenses.  Petitioner was directed to comply with the order within 15 days, failing which the amount was to carry interest @ 12% p.a. from the date of filing of the complaint till the date of payment of amount.

          Petitioner being aggrieved filed an appeal before the State Commission.  Before the State Commission the only point argued was that the sum of Rs.1,50,000/- awarded towards compensation was on the higher side.  State Commission taking into consideration the facts and

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circumstances of the case reduced the amount of compensation from Rs.1,50,000/- to Rs.50,000/-.  Rest of the order was maintained.

          State Commission has taken a very lenient view.  In the given facts and circumstances of the case, the compensation awarded should have been much more than what had been given by the State Commission.  Since the complainant/respondent has not filed any revision petition, we maintain the order and dismiss the revision petition with no order as to costs.                             

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER
......................
VINAY KUMAR
MEMBER

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