Haryana

StateCommission

A/772/2014

M/s Ardee Infrastructure Private Limited - Complainant(s)

Versus

Raj Pal - Opp.Party(s)

14 Jul 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

                                                               First Appeal No.772 of 2014

                                                          Date of Institution: 29.08.2014

                                                               Date of Decision: 14.07.2016

 

M/s Ardee Infrastructure Private Limited Doctor Gopal Dass Bhawan 26, Barakhamba Road, New Delhi-110001 through its Director/ Authorized Signatory.

Branch City Office, Sector 52, Gurgaon, Haryana.

 

…..Appellant

Versus

 

 

Raj Pal son of Sh.Phool Singh, resident of House No.171/2 Gali, No.1 Basai Enclave, Gurgaon.

                                      …..Respondent

 

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

                             Mrs. Urvashi Agnihotri, Member.                                                                                                                                        

Present:              Mr. Bhisham Kumar proxy counsel for Mr.Pankaj Jain, Advocate counsel for appellant.

                             Mr.P.S.Bedi proxy counsel for Mr.S.S.Kaliramna, Advocate counsel for respondent

 

                                                   O R D E R

R.K.BISHNOI, JUDICIAL MEMBER:

                   Complainant alleged that he applied for allotment of plot with Opposite Party (in short “O.P.”) under Economic Weaker Section (in short “EWS”) category and deposited Rs.1200 for that purpose. O.P. informed him that his name appeared in the draw of lots held on 25.02.2000 and a plot was to be given to him but no plot was given till the filing of the complaint.  So, O.P. be directed to allot plot to him.

2.                         It was alleged by O.P. that allotment letter could not be issued due to non-approval of zoning by Director, Town and Country Planning, Haryana (in short "DTP”). When zoning would be approved, plot would be allotted in accordance with provisions of law.

3.                         After hearing both the parties, learned District Consumer Disputes Redressal, Forum, Gurgaon (in short “District Forum”) allowed the complaint vide order dated 05.03.2014 and directed as under:-

“The complainant is entitled to allotment of a plot. Moreover, they have harassed the complainant and mis-utilized the money of people from weaker section of society and thus, is entitled to compensation of Rs.20,000/-. He is entitled to interest @ 9 % per annum on the amount of his deposit from the date of deposit till allotment and possession thereof. The complainant is also entitled to litigation expenses of Rs.5,000/-”

 

4.                Feeling aggrieved therefrom, O.P. has preferred this appeal.

5.                Arguments heard. File perused.

6.                From the perusal of preliminary objection No.2 of the reply filed by the appellant, it is clear that assurance was given to allot the plot to complainant after zoning. In this way, it has not denied the right of the complainant for allotment of plot. O.P. is bound by the pleadings raised in the reply. It was told by learned counsel for the appellant  that zoning was not done till today. As zoning was not done by DTP, so O.P. was not at fault.  However, if zoning was not done O.P. should have informed the complainant about the development when he sent notice.  Keeping in view all the facts and circumstances, the amount awarded by the District Forum qua compensation is reduced to Rs.5000/- for mental agony and Rs.2000/- qua litigation expenses.  With these modification, appeal is disposed off.

7.                The statutory amount of Rs.14500/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules.

 

July 14th, 2016    Urvashi Agnihotri                             R.K.Bishnoi,                                              Member                                   Judicial Member                                         Addl. Bench                                      Addl.Bench