Haryana

StateCommission

A/545/2015

HUDA - Complainant(s)

Versus

NARENDER PAL - Opp.Party(s)

AJAY NARA

20 Oct 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA,          PANCHKULA.

 

                                                First Appeal No.545 of 2015

                                                        Date of Institution: 25.06.2015                           Date of Decision: 20.10.2015

 

1. Estate Officer, Haryana Urban Development Authority, Rewari.
2. The Administrator, Haryana Urban Development authority, Gurgaon, Gurgaon.
3. Chief Administrator, Haryana Urban Development Authority, Panchkula.

…..Appellants

                                      VERSUS

Narender Pal S/o Shri Pyre Lal, Resident of village Kothal Kalan, Tehsil and District Mohindergarh.

          …..Respondent

 

CORAM:             Mr. R.K.Bishnoi, Judicial Member.

                   Mrs. Urvashi Agnihotri, Member.                                   

For the parties:  Mr.Ajay Nara, Advocate counsel for the appellants.

                              Mr.Neeraj Yadav, Advocate counsel for the respondent.

O R D E R

 

R.K.BISHNOI, JUDICIAL MEMBER :-

It was alleged by the complainant that he was allotted plot No.1256 Sector 1 Narnaul vide allotment letter dated 28.08.2003 for tentative price of Rs.2,48,350/-.  He deposited Rs.37,250/- with O.P. on 12.09.2003 which was 15% of the required amount. He deposited Rs.72,088/- up to 12.09.2003.  The remaining amount was deposited as under:-

          “Rs.66,444/- on dated 20.09.2005.

          Rs.31,043/- on dated 27.12.2007

          Rs.31,043/- on dated 09.01.2009

          Rs.90,000/- on dated 26.02.2011

          Rs.72,665/- on dated 09.03.2011”

Opposite Party (O.P.) be directed to deliver possession and pay compensation due to increase in construction material and interest on the amount deposited by him and compensation qua mental harassment etc.

2.      O.P. filed reply controverting his averments and alleged that possession was already offered to him on 25.05.2013. As per allotment letter the possession was to be delivered after completion of development work.  Objections about maintainability of complaint, accruing cause of action, estopple, concealing true facts from the District Forum etc were also raised and requested to dismiss the complaint.

3.      After hearing both the parties, learned District Consumer Disputes Redressal Forum, Rewari (In short “District Forum”) allowed the complaint and directed as under:-

“Resultantly, the complaint is allowed directing the opposite parties to pay interest over the entire deposits @ 12% p.a. from 09.03.2011 till the date of delivery of possession i.e. 25.05.2013 to the complainant.  The complainant is also allowed compensation of Rs.40,000/- on account of hike in price of construction material and litigation expenses which are quantified at Rs.5500/- against the opposite parties.”

4.      Feeling aggrieved therefrom appellants have preferred this appeal.

5.      Arguments heard.  File perused.

6.      Learned counsel for the complainant vehemently argued that the plot was allotted in the year 2003, the payment was made in the year 2011, but, possession was not delivered till the year 2013. During this period, prices of construction material increased manifold and he has suffered huge loss. Learned District Forum has rightly directed for compensation as mentioned above and the appeal be dismissed.

7.      This argument is devoid of any force. From the perusal of allotment letter Ex.C-2 the possession was to be delivered after the completion of the development work.  No specific time was mentioned in this letter.  Complainant has miserably failed to show that when development work was completed. Had there been any delay in offering possession thereafter then it could have been a different matter.

8.      More so, complainant has also concealed the true facts from the Forum.  Possession was offered to him vide letter dated 25.05.2013 copy of which is Ex.OP-2, but, despite that he has requested to direct OP to deliver possession. When the possession is already offered there was no question of any direction.  In such a situation the O.P. cannot be burdened with compensation as ordered by the learned District Forum.  Hence impugned order dated 20.11.2014 is set aside. Resultantly appeal is allowed and complaint is dismissed.

9.      The statutory amount of Rs.25,000/-  deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision if any.

 

October 20th, 2015              Urvashi Agnihotri                 R.K.Bishnoi,                                                            Member                                  Judicial Member                                                       Addl. Bench                          Addl.Bench              

S.K.