Haryana

StateCommission

A/152/2016

KRISHAN C CHUGH - Complainant(s)

Versus

HUDA - Opp.Party(s)

SAURABH BHARDWAJ

20 Jul 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :      152 of 2016

Date of Institution:      18.02.2016

Date of Decision:       20.07.2016

 

Krishan Chand Chugh s/o Sh. Hari Chand Chugh, Resident of House No.1037/13, Housing Board Colony, Kurukshetra.

                                      Appellant/Complainant

Versus

1.      Administrator, Haryana Urban Development Authority, Panchkula.

2.      Estate Officer, Haryana Urban Development Authority, Kurukshetra.

                                      Respondents/Opposite Parties

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member   

 

Present:               Shri Saurabh Bhardwaj, Advocate for appellant.

                             Shri Bhushan Bhatia, Advocate for respondents.

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

This appeal of unsuccessful complainant is directed against the order dated November 4^th, 2015 passed by District Consumer Disputes Redressal Forum, Kurukshetra (for short ‘the District Forum’), whereby Complaint No.266 of 2009 was dismissed.

2.         Krishan Chugh-complainant/appellant, was allotted Plot No.705, Sector-5, Urban Estate Kurukshetra vide allotment letter bearing memo No.3895 dated 14^th June, 1985 (Exhibit Annexure-1). The possession of the plot was offered vide letter No.10438 dated 6^th September, 1994 (Annexure-2).

3.      The grievance of the complainant before the District Forum was that there is main sewerage-hole at a distance of 0.7 meter and an electricity pole has been installed at a distance of 2.2 meters in front of his plot. One manhole of rainy water is also in front of plot No.704, which adjoins to his plot. In one corner, there is another electricity pole at a distance of 2.4 meters.  He requested the HUDA authorities for Redressal of his grievance but to no avail. Hence, complaint under Section 12 of the Consumer Protection Act (for short ‘the Act’), 1986 was filed.

4.      The opposite parties-respondents (HUDA) contested complaint by filing reply. It was stated that the possession of the plot was offered to the complainant on September 6^th, 1994 whereas the complaint was filed on 17^th April, 2009. So, the complaint was beyond the period of limitation as prescribed in Section 24A of the Act. There was complete development in the area. Denying the averments made in the complaint, it was prayed that the complaint merited dismissal.

5.      After evaluating the pleadings and evidence of the parties, the District Forum vide impugned order dismissed the complaint.

6.      Learned counsel for the appellant-complainant has urged that there is blockage of passage in the main entrance due to which the appellant cannot construct his house. In support, reliance has been placed upon the photograph Annexure A-3.

7.      Indisputably, the possession of the plot was offered to the complainant on 6^th September, 1994 and the complainant agitated the matter for the first time on 5^th October, 2002.  Though, the opposite parties have contended that the construction over plots No.704, 733 and 732 has already been carried out and there was no hindrance in the construction over the plot in question, however, the right of the complainant to seek the redressal of his grievance that there is some hindrance in the construction, has to be considered by the authorities of HUDA. In view of this, the appeal is disposed of with the observation that in case the complainant approaches the HUDA authorities, they may consider the representation of the complainant and decide the issue after physical verification of the spot.

 

 

Announced 20.07.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

CL