Haryana

StateCommission

A/795/2017

MAN SINGH - Complainant(s)

Versus

HUDA - Opp.Party(s)

IVNEET SINGH PABLA

27 Mar 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

 

First Appeal    No  :      795 of 2017

Date of Institution  :      04.07.2017 

                                                Date of Decision    :    27.03.2018 

  

 

Man Singh son of late Shri Ram Parshad, resident of House No.629, Sector 2, Urban Estate, Kurukshetra.

                                      Appellant-Complainant

 

Versus

 

1.      Haryana Urban Development Authority through its Estate Officer, Kurukshetra.

 

2.      Chief Administrator, (Legal Cell), HUDA, Panchkula.

Respondents-Opposite Parties

 

 

 

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

                             Shri Balbir Singh, Judicial Member.                

 

                                                                            

Argued by :         Shri I.S. Pabla, Advocate for the appellant.

                             Shri Sikander Bakshi, Advocate for the respondents.     

                            

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

          Prem Chand Sharma-complainant (appellant herein) is in appeal against the order dated May 24^th, 2017 passed by District Consumer Disputes Redressal Forum, Kurukshetra (for short, ‘District Forum’) whereby complaint was dismissed.

2.      Learned counsel for the parties have referred to the order dated February 10^th, 2014, which reads as under:-

          “…..The present IIIrd Enhancement case is more than 18 years old and maximum allottees have already deposited the amount in the year 2002 & 2004, hence the representation filed by the Residents Welfare Association is hereby decided that the 1^st notice of the IIIrd enhancement @ Rs.52.88 per sq. mtr be treated from 03.08.2002 and the balance notice Rs.4.22 (57.10-52.88) be treated w.e.f December, 2003 i.e. the decision of the Hon’ble Court on the basis of which notice to 226 allottees were issued, so the representation is hereby decided that the allottees who have deposited the IIIrd enhancement @ Rs.52.88 per sq. mtr on 03.08.2002 and 4.22 per sq. mtr. upto December, 2003.  The date of issue of notice of balance amount of Rs.4.22 per sq. mtr will be considered as March, 2004 and the interest @ 15% per annum will be charged from these dates and consequently if any allottee had deposited the excess amount @ 57.10 per sqm is entitled for refund with the same rate of interest i.e. 15% per annum.”

3.      Learned counsel for the HUDA has urged that since the representation was filed by the Residents Welfare Association and the aforesaid order was passed in the said representation. The complainant was supposed to file representation mentioning the amount due towards HUDA, if any, and the said representation shall be disposed of by the HUDA at the earliest.

4.      In face of it, learned counsel for the complainant has urged the complainant shall file representation before the HUDA. 

5.      In view of above, HUDA is directed to dispose of the representation after giving an opportunity to the complainant to plead his case before the HUDA.  It is also recorded for the sake of clarity that if the complainant is not satisfied with the order of the HUDA, he shall have liberty to approach the competent authority.  The representation be decided within three months from the date of issuance of notice to the complainant for appearance to plead his case.  The appeal stands disposed of accordingly.     

         

Announced 27.03.2018

(Balbir Singh) Judicial Member

(Nawab Singh) President

UK