Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 491.
Instituted on : 11.10.2018.
Decided on : 16.10.2019.
Suresh Kumar (aged 44 years) s/o Sh. Amir Singh c/o Krishan Kadian Advocate, Talav Chowk, Arya Nagar, Jhajjar(Haryana), permanent resident of village Dubaldhan-Bidhyan, District Jhajjar(Haryana).
………..Complainant.
Vs.
- The Estate Officer, Haryana Urban Development Authority (HUDA), Rohtak.
- Chief Administrator, Haryana Urban Development Authority(HUDA), C-3, Sector-6, Panchkula(Haryana).
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. RENU CHAUDHARY, MEMBER.
MS. TRIPTI PANNU, MEMBER.
Present: Sh.Satpal Hooda, Advocate for the complainant.
Sh. Shakti Singh, Advocate for opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Present complaint has been filed by the complainant with the averments that a residential plot measuring 6 marla i.e. 138.60sq. mtr. bearing No.434 has been allotted to the complainant in free hold basis in Government Servant Reserved Quota-A(GSRQ) in Sector-6 at Urban Estate Rohtak by the opposite parties on 21.05.2012 and an allotment letter was duly issued by HUDA in favour of complainant. That at the time of acceptance of allotment, the complainant had paid Rs.182888/- and Rs.116800/- to the Estate Officer, HUDA, Rohtak as an advance payment/earnest money i.e. 25% of total tentative price of Rs.1198751/-. The remaining amount of Rs.899063/- was to be paid in lump-sum without interest within 60 days from the date of issue of allotment letter or in 6 half yearly installments of Rs.149844/- with interest @ 12% p.a. on the balance price. As per condition no.7 of the allotment letter, it is mentioned that the possession of the plot will be offered within a period or 3 years from the date of allotment. In case, possession of the plot is not offered within the prescribed period of 3 years from the date of allotment, HUDA will pay interest @ 9% on the amount deposited by complainant after the expiry of 3 years till the date of offer of possession and complainant will not be required to pay the further installments. The payment of the balance installments will only start after the possession of the plot is offered to complainant. Complainant deposited the whole amount in time and after completion of three years, complainant requested the opposite parties to deliver the possession of allotted plot to the complainant but the same has not been delivered to the complainant despite his repeated requests. As such, it is prayed that opposite parties may kindly be directed to deliver the possession of allotted plot to the complainant and also to pay interest @ 15% on the deposited amount by the complainant and further to compensate the complainant with an amount of Rs.500000/- on account of mental pain & harassment and also to pay Rs.20000/- as litigation expenses to the complainant as explained in relief clause.
2. After registration of complaint, notice was issued to the opposite parties. Opposite parties in their reply has submitted that some of the area of Sector 6 is under litigation as the owner of the land acquired, has filed a civil writ petition before the Hon’ble High Court of Punjab & Haryana and the Hon’ble High Court has passed stay order and due to that, development work could not be completed in some of the area. The respondent has sent requisition before the higher authorities for sanction of alternative plots in lieu of plots which comes within the area under litigation and the department would provide alternative plot as and when the sanction would be granted by higher authorities. The respondents are not at default in any manner rather they are bound by the order passed by the Hon’ble High Court and hence the respondents are not liable to pay any compensation to the complainant in any manner. However, if the Hon’ble Forum comes to the conclusion that the complainant is entitled for any interest, in that case the opposite party is liable for the interest as per the policy and rules of the department and not as claimed by the complainant. That there is no deficiency in service on the part of opposite parties and dismissal of complaint has been sought.
3. Both the parties led evidence in support of their case.
4. Ld. Counsel for the complainant in his evidence tendered affidavits Ex.CW1/A, documents Ex.C1 to Ex.C11 and closed his evidence on dated 12.06.2019. On the other hand, ld. Counsel for the opposite parties has tendered affidavit Ex.RW1/A, documents Ex.R1 and closed his evidence on 04.09.2019.
5. We have heard ld. counsel for the parties and have gone through material aspects of the case very carefully.
6. In the present case, the grievance of the complainant is that he had deposited an amount of Rs.1467861/- but till date possession of plot has not been given by the opposite parties. To prove this fact, complainant has placed on record copy of allotment letter Ex.C1 and copy of receipts Ex.C2 to Ex.C9. As per condition no.7 of the allotment letter, it is submitted by the opposite parties that : “The possession of the plot will be offered within a period or 3 years from the date of allotment(after completion of development work in the area). In case, possession of the plot is not offered within the prescribed period of 3 years from the date of allotment, HUDA will pay interest @ 9% (or as may be fixed by Authority from time to time) on the amount deposited by you after the expiry of 3 years till the date of offer of possession and you will not be required to pay the further installments. The payment of the balance installments will only start after the possession of the plot is offered to you”. As per the alleged terms and conditions, the possession of the plot was to be offered on 21.05.2015 but till date, the possession of plot has not been offered to the complainant. As such the complainant has sought possession of plot alongwith compensation. Ld. counsel has also placed reliance upon the ratio of law laid down in II(2014)CPJ 495(NC) titled as Haryana Urban Development Authority Vs. Sun Rise Engineering Corporation, II(2010)CPJ35(NC) titled as HUDA Vs. Nishtha Suhag, II(2010)CPJ113(NC) titled as Haryana Urban Development Authority Vs. Raj Pathak & Anrs., IV(2013)CPJ365(NC) titled as Haryana Urban Development Authority Vs. Pawan Kumar Gupta and 1(2013)CPJ544(NC) titled as Haryana Urban Development Authority Vs. Kamlesh Goel.
6. On the other hand, contention of the opposite parties is that some of the area of Sector-6 is under litigation and the Hon’ble High Court of Punjab & Haryana has passed a stay order and due to that, development work could not be completed in some of the area. The respondent has sent requisition before the higher authorities for sanction of alternative plots in lieu of plots which comes within the area under litigation and the same would be provided as and when the sanction would be granted by higher authorities.
7. After going through the file and hearing the parties, it is observed that if some of the land including the plot in question of the complainant is under litigation, opposite party was duty-bound to allot the alternative plot to the complainant. But the same has not been done by the opposite party till date i.e. after passing of 4 years from the date of offer of possession. The complainant should not suffer for not taking the decision by the higher authorities for sanction of alternate plot. As such, opposite party is liable to give the possession of another plot in the adjoining area to the complainant. In this regard, law cited above by ld. counsel for the complainant are fully applicable on the facts and circumstances of the case.
8. In view of the facts and circumstances of the case, complaint is allowed and it is directed that opposite parties shall deliver the possession of a plot of same size in the same sector or in adjoining sector to the complainant and shall also pay interest @ 9% p.a. on the amount deposited upto 20.05.2015 from dated 21.05.2015(the date of offer of possession) till offer of possession of alternative plot or plot in question and also to pay interest @9% p.a. on the amount deposited after 20.05.2015 from the date of their respective deposits till offer of possession to the complainant. It is further directed that opposite parties shall also pay a sum of Rs.10000/-(Rupees ten thousand only) as compensation due to harassment to the complainant for not delivering the possession within time as well as litigation expenses to the complainant. Order shall be complied within one month from the date of decision.
9. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
16.10.2019.
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Nagender Singh Kadian, President
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Renu Chaudhary, Member.
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Tripti Pannu, Member.
