NCDRC

NCDRC

RP/2505/2011

DR. ANAND PRAKASH MITTAL - Complainant(s)

Versus

HARYANA URBAN DEVELOPMENT AUTHORITY & ORS. - Opp.Party(s)

NIRAJ SINGH

05 Sep 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2505 OF 2011
 
(Against the Order dated 04/03/2011 in Appeal No. 2070/2005 of the State Commission Haryana)
1. DR. ANAND PRAKASH MITTAL
S/o Shri P.L Mittal, 334 Loha mandi, Tehsil
Hissar
Haryana
...........Petitioner(s)
Versus 
1. HARYANA URBAN DEVELOPMENT AUTHORITY & ORS.
Through Its Estate officer
Hissar
Haryana
2. Adminstrator
Huda
Hissar
Haryana
3. Chief Adminstrator
Huda Complex, Sector- 6
Panchkula
Haryana
...........Respondent(s)

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

For the Petitioner :
Ms. Meenakshi Midha, Adv
For the Respondent :NEMO

Dated : 05 Sep 2011
ORDER

Delay of 33 days in filing the revision petition is condoned.

Respondent had allotted a plot to one Anil Jain on 21.02.1990.  Petitioner purchased the plot from Anil Jain on 04.06.1990.  Possession was handed over to the petitioner on 23.05.1997.  Respondent charged Rs.26,737/-  for delayed payment of installments.  Petitioner filed the complaint in the year 2002 seeking compensation for the delayed handing over of the possession; on account of escalation of costs of construction and Rs.26,737/- and costs of Rs.3,000/-.

-2-

          District Forum allowed the complaint and directed the respondent to pay the sum of Rs.2 Lacs towards escalated costs of construction within three months, failing which the interest           @ 10% was made payable on the awarded amount from the date of default till payment.   

          Respondent being aggrieved filed the appeal before the State Commission.  The State Commission relying upon two judgments of the Supreme Court allowed the appeal, reversed the order of the District Forum and dismissed the complaint.  It was also held that the complaint filed by the petitioner in the year 2002 was clearly beyond the period of limitation.

          We agree with the view taken by the State Commission on both the parts.  Dismissed.

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

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