Haryana

Gurgaon

CC/11/2014

Tripta Sachdev - Complainant(s)

Versus

HUDA - Opp.Party(s)

09 Jun 2016

ORDER

                              DISTRICT   CONSUMER   DISPUTES   REDRESSAL FORUM, GURGAON-122001

                                                                                                       Consumer Complaint No: 11 of 2014                                                                                                                                              Date of Institution: 07.10.2013/02.01.2014                                                                                                                                          Date of Decision:  09.06.2016

Tripta Sachdev w/o Sh. Arun Sachdev, R/o H.No.528, Sector-14, Gurgaon.

                                                                                                           ….Complainant.

                                                Versus

Haryana Urban Development Authority through its Estate Office-II, Sector-56, Gurgaon.

                                                                                              ..Opposite party

                                                                                               

Complaint under Sections 12 & 14 of Consumer Protection Act,1986                                                                 

 

BEFORE:     SHRI SUBHASH GOYAL, PRESIDENT

SMT JYOTI SIWACH, MEMBER

                  

Present:        Shri Sube Singh Yadav, Adv for the complainant.

                    Shri B.P.Sharma, Adv for the OP.

 

ORDER        SUBHASH GOYAL, PRESIDENT.

The case of the complainant, in brief, is that   she was allotted Plot No.3121 Sector 57, Urban Estate, Gurgaon vide allotment letter No.148 dated 28.01.2005 and has paid the entire consideration of the said plot. The offer of possession of the plot has not been made. She made enquiries and it was revealed to her that there was no plot having number 3121 in the site plan of Sector 57, Gurgaon.  She requested the OP to deliver the possession of original plot or to allot an alternative plot but none was ready to hear her problem. Consequently, she filed a writ petition bearing CWP No.19140 of 2011 before the Hon’ble Punjab and Haryana High Court and the same was disposed off vide order dated 17.04.2012 and the OP was directed to complete the process of allotment of alternative plot within five months from today in terms of the policy dated 10.12.2007 but till date the OP has not complied with the said order of the Hon’ble High Court dated 17.04.2012.  She approached the OP to pay interest on her deposits from the dates of the deposits till today and later on till the delivery of the possession of her original plot/alternative plot but no heed has been paid on her genuine and just request of payment of interest due and thus, there was deficiency in service on the part of the OP. The complainant prayed that the OP be directed to pay interest @ 18 % p.a. on the deposits from the date of deposits till the delivery of possession of original plot/alternate plot. She also be awarded compensation of Rs.1 Lac and litigation expenses to the tune of Rs.22,000/-.

2                 OP in its written reply has alleged that OP was ready to draw of lots but in meanwhile due to stay in CWP No.2759/2013 in case titled Mahender Pal Jain Vs State of Haryana and others in which the Hon’ble High Court ordered “No draw of lots for alternative allotment in Gurgaon be held till further order. It is also submitted that as per order dated 08.08.2013 passed by the Hon’ble Punjab and Haryana High Court in the above said case, the alternative plots are to be allotted within four months from the date of receipt of the order which was received on 28.03.2013. In this regard Administrator HUDA, Gurgaon sent a letter to Chief Administrator, HUDA, Panchkula to grant the necessary approval for allotment of alternative plots against disputed plots at the earliest. It is also submitted that the draw of alternative plots shall be held on 17.02.2014.

3                 The complainant in his evidence has filed her affidavit and documents Annexure C-1 to Annexure C-24.

4                 We have heard the learned counsel for the parties and have perused the record available on file.

5                 Therefore, from the facts and circumstances of the case and the evidence placed on file it is evident that during the pendency of the present complaint the opposite party-HUDA has allotted alternative plot vide letter No.7556 dated 04.07.2014 which reads as under:-

“As per draw held on 17.02.2014, an alternative plot No.1377, Sector 51, Gurgaon is hereby exchanged in lieu of disputed plot No.3121, Sector 57, Gurgaon. All other terms and conditions will remain same as per allotment letter issued vide this office Memo No.148 dated 28.01.2005. You are requested to make further correspondence in respect of the alternate plot. Possession of alternative plot is hereby offered.”

But the complainant has not taken possession of the alternate plot No.1377, Sector 51, Gurgaon and has been agitating the matter for allotment of another plot.

6                 Learned counsel for the complainant has argued that as per the opposite party plot No.1376 of the same sector i.e. 51 was not found suitable to the allottee Suprabha Dahiya and as such the opposite party offered to allot plots as mentioned in the letter bearing No.14762 dated 26.09.2014  issued by Administrator, HUDA,  Gurgaon to Chief Administrator, HUDA, Panchkula and thus, when the plot No.1376 of the same sector is not found suitable then how plot No.1377 which was allotted to the complainant can be suitable. It was further argued that the complainant be allotted suitable plot from amongst the plots which has been mentioned in the letter dated 26.09.2014.

7                 However, as per the contention of the OP, power of allotment of alternative plot lies with the Chief Administrator, HUDA, Panchkula and so far the final decision has not been taken in the case of Ms. Suprabha Dahiya also and moreover the matter was still sub-judice and thus, the said order passed by this Forum in case Suprabha Dahiya Vs HUDA in Consumer Complaint No.161 of 2015 decided on 01.02.2016 cannot be a precedent to give the same relief to the complainant.

8                 However, keeping in view the principle of equity and keeping in view the fact that the plot No.1376 which was allotted to Ms. Suprabha Dahiya of Sector 51 was not found suitable to the allottee then how the adjacent plot No.1377, Sector 51 can be found suitable to the allottee i.e. present complaint.

9                 Therefore keeping in view the stand taken by the OP and keeping in view the principle of parity, we direct the opposite party to allot a suitable plot to the complainant out of the plots mentioned in the letter bearing Memo No.14762 dated 26.09.2014 (if lying vacant) issued by Administrator, HUDA, Gurgaon  to Chief Administrator, HUDA, Panchkula in terms of original letter of allotment bearing No.148 dated 28.01.2005. The complainant is also held entitled to interest as per rates of the HUDA policy on each deposits from the date of respective deposits till offer of alternate plot. The complainant is also held entitled to compensation for harassment and mental agony as well as litigation expenses to the tune of Rs.25,000/-. The opposite party shall make the compliance of the order within 30 days from the date of receipt of the copy of this order. The parties be communicated of the order accordingly and the file be consigned to the records after due compliance.

 

Announced                                                                                                               (Subhash Goyal)

09.06.2016                                                                                                                  President,

                                                                                                                        District Consumer Disputes

                                                                                                                         Redressal Forum, Gurgaon

 

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