NCDRC

NCDRC

RP/1176/2011

AVINASH CHANDER - Complainant(s)

Versus

HARYANA DEVELOPMENT AUTHORITY & ANR. - Opp.Party(s)

MR. GAUTAM GODARA

13 Jul 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1176 OF 2011
 
(Against the Order dated 12/01/2011 in Appeal No. 287/2007 of the State Commission Haryana)
1. AVINASH CHANDER
Through its GPA Smt. Reena Rai, Wife of Sh. Vijay Nagpal, Resident of 27, Vijay Nagar, Behind Devi Mandir
Panipat
Haryana
...........Petitioner(s)
Versus 
1. HARYANA DEVELOPMENT AUTHORITY & ANR.
Through its Administrator, Sector-6
Panchkula
Haryan
2. ESTATE OFFICER, HUDA
Sector 13-17
Panipat
Haryana
...........Respondent(s)

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

For the Petitioner :MR. GAUTAM GODARA
For the Respondent :NEMO

Dated : 13 Jul 2011
ORDER

This common order shall dispose of all the abovementioned revision petitions since the facts are the same and the point of law involved in them is the same. 

          Delay of 33 days in filing revision petition 1177/2011 is condoned.

          Facts are being taken from revision petition 1176/2011.

          Petitioner/complainant was allotted plot by the respondent.  Petitioner surrendered the plot and the amount was refunded to him after deducting 10%.   District Forum allowed the complaint and directed the respondent to allot alternate plot.  State Commission reversed the order passed by the District Forum holding that after surrender of the plot and receiving the amount paid by him, petitioner was not entitled to seek re-allotment of the plot.  State Commission relied upon a judgment of Punjab & Haryana High Court in “Haryana

-3-

Urban Development Authority vs. M/s Zuari Industries, 2009 (3) R.C.R. (Civil) 104 (DB).  This Commission has affirmed a similar order passed by the State Commission in Revision Petition 4040/2010 titled MAJ. (RETD.) BALDEV SINGH vs. HUDA & ANR (decided on 13.12.2010).

          Counsel for the petitioner fairly states that the order passed by Punjab & Haryana High Court in M/s Zuari Industry’s case (supra) has been affirmed by the Supreme Court of India, relying upon which the State Commission has passed the order.

          In view of our earlier decision in RP 4040/2010 decided on 13.12.2010, we do not find any merit in these revision petitions and accordingly dismiss the same.

 

 

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

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