NCDRC

NCDRC

RP/4006/2010

HARYANA STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD. - Complainant(s)

Versus

KANTA RANI - Opp.Party(s)

MR. RAVINDRA BANA

16 Sep 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4006 OF 2010
 
(Against the Order dated 09/08/2010 in Appeal No. 180/2005 of the State Commission Haryana)
1. HARYANA STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD.
Plot No. C-13 & 14, Sector 6
Panchkula
Haryana
...........Petitioner(s)
Versus 
1. KANTA RANI
R/o. 119, Parada Mohalla Kalak, Tehsil-Kalka
Panchkula
Haryana
...........Respondent(s)

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

For the Petitioner :
Mr. Ravindra Bana, Advocate
For the Respondent :
Mr. Kamal Kant Verma, Adv.

Dated : 16 Sep 2011
ORDER

 

 

                Petitioner Haryana State Industrial Development Corporation Ltd.  (for short, “HSIDC”) was opposite party before the District Forum.

         Complainant respondent was allotted industrial plot bearing No.74, Industrial Estate, Barwala, admeasuring 450 sq. meters for a sum of Rs.2,70,000/-. Possession of the plot was offered but the respondent did not set up her industrial unit. Petitioner issued notice of resumption to the respondent.

          Respondent being aggrieved filed the complaint before the District Forum alleging that vide letter dated 11.12.2001 she had requested the petitioner that she is not in a position to pay the balance amount and a plot of smaller size be allotted her to set up her industry. Petitioner sent a letter dated 7.2.2002 stating that the plot No.74 be surrendered first and then the request will be considered. The respondent alleged that only on 12.12.2002 they came to know about the size of the plot. Petitioner contested the complaint justifying the show cause notice for resumption of plot for not setting up the industrial unit.

          District Forum allowed the complaint and directed the complainant: -

 

(i)           Not to resume plot No.74 measuring 408 sq. meters. Situated at Industrial Estate Barwala, District Panchkula;

 

(ii)          To treat offer of possession as 12.12.2002 instead of 31.5.2000 for all intends and purposes and to overhaul all the accounts and take action in all matters as such;

 

(iii)        To pay Rs.1000/- as cost.

 

 

Petitioner being aggrieved filed the appeal before the State Commission seeking setting aside of the order of the District Forum.  State Commission dismissed the appeal.

Petitioner being aggrieved has filed the present revision petition.

This case had come up before us on 22nd July, 2011. Counsel for respondent made statement on that date that entire amount due was paid in the year 2002 and her building plans had also been sanctioned. In view of the fact that respondent had already paid the entire amount due in the year 2002 and her building plans had also been sanctioned, we directed counsel for the petitioner to seek instructions to withdraw the notice regarding order of resumption with the stipulation that the respondent shall put up construction within six months from the date of passing of the order, failing which the plot shall stand resumed.

Learned counsel for the petitioner after taking instructions states that the matter was put up before the Estate Management Committee which has not agreed to the suggestion.

It is not disputed before us that the respondent took possession and got the building plan sanctioned prior to the issuance of notice for resumption. Since notice for resumption was issued after the taking of possession of the respondent and getting the building plan sanctioned, we decline to interfere with the order of the State Commission.

Revision petition is dismissed with the direction to the respondent to complete the construction as per sanctioned plan within twelve months from today, failing which the plot shall stand resumed.

                   Revision petition is disposed of in above terms.

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

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