Petitioner was the complainant before the District Forum.

          Shortly stated the dispute involved between the parties is that one Om Prakash was allotted Plot No. 1032-C, Sector 68, Sahibzada Ajit Singh Nagar, Mohali measuring 118.75 sq. yards.  He sold the same through his power of attorney to the petitioner and ultimately the plot was transferred by the Authority in the name of the petitioner on 4.5.2001.  Remaining instalments were paid by the petitioner.  Last instalment was paid by the petitioner on 30.6.2003.  Possession of the plot was not delivered by the respondent to the petitioner.  At a later stage, the respondent offered an alternative plot measuring 125 sq. yds. to the petitioner at the rate of Rs. 3,200/- per sq.yd. which was not acceptable to the petitioner.  Petitioner insisted that the alternative plot be given to her at the original price/old rate.  Respondent did not agree to allot the plot at the original price, aggrieved against which, petitioner filed the complaint seeking a direction to the respondent to allot the alternative plot at the old rate and pay the compensation as well as escalated cost of construction.  It was also stated that the respondent had failed to provide basic amenities and, therefore, respondent cannot claim interest on the instalments.   

          District Forum, vide its order dated 10.9.2003 allowed the complaint and directed the respondent either to allot the plot or pay the compensation.  Operative part of the order reads as under :

“To sum up, complaint in hand is allowed against OP with costs quantified at Rs.2500/- and OP is directed to do as under :

i)                   to look to the feasibility of the plot allotted & to deliver possession of the same to the complainant within 6 months from today or in the alternative, if it fails to do so, to deliver possession of alternate plot allotted i.e. plot No.2100, Sector 68, Urban Estate SAS Nagar on the same terms and conditions and rate i.e. Rs.2700/- per sq.yd as existed in the original allotment letter, of course, subject to payment of the price of excess area allotted at current rate i.e. Rs.3200/- per sq.yd. ;

ii)                to pay to the complainant compensation in the form of interest @ 18% p.a. on the amounts deposited i.e. Rs.86213/-, Rs.62391/-, Rs.58988/- w.e.f. the dates of deposit i.e. 20.11.01, 13.6.02, 10.4.03 resp. till defacto delivery of possession of the plot.”

Aggrieved against the order passed by the District Forum, respondents filed an appeal.  State Commission, while maintaining the order of the District Forum regarding allotment of an alternate plot at old price, set aside the direction given by the District Forum to pay interest @ 18% on the deposited amount.  The State Commission has passed the order in terms of the order passed by the Supreme Court in HUDA vs. Raja Ram – 2009 CTJ 503 SC (CP) in which it has been held that the person to whom the plot has been allotted at the original price is not entitled to any compensation as the price of the plot had risen considerably during this period. 

As the order passed is in terms of the judgement of Supreme Court, we find no infirmity in the impugned order.  Dismissed.