HUDA, the petitioner herein, was the opposite party before the District Forum.

          Complainant/respondent was allotted a residential plot bearing No.101 in HUDA Colony, Mandi Dabwali in the year 1992 vide Allotment Letter No.2179 dated 17.8.1992 for a price of Rs.1,70,000/- which was to be paid in instalments as per terms and conditions of allotment letter.  All instalments due were paid by the respondent on 22.1.1998 and thereafter nothing remained due.  Through her Special Power of Attorney Shri Prem Das, who is her father-in-law, she applied for No Dues Certificate for taking possession of the said plot and getting the site plan sanctioned for the purpose of constructing the house and deposited Rs.365/- as fee for sanctioning the building plan but nothing was done.  Aggrieved by this, respondent filed a complaint before the District Forum on 16.7.1999.

          District Forum allowed the complaint and directed the petitioner as under :

“So, we hereby order that the extension fee of the plot imposed upon the complainant be remitted and ‘No Dues’ and possession of the plot in dispute be handed over to the complainant.  Further we order that site plan of the plot in question be also sanctioned for constructing the building.  The order be complied within one month from today, failing which the complainant shall be entitled to interest at the rate of 12% on the amount deposited by him towards the price of the plot.”

          Aggrieved against the order passed by the District Forum, petitioner as well as the respondent filed appeals before the State Commission.  Appeal filed by the petitioner was dismissed and that of the respondent was partly allowed.  By the impugned order, the State Commission enhanced the compensation by another sum of Rs.5,000/-.

          Petitioner, being aggrieved, has filed the present Revision Petition.

          During the pendency of the Revision Petition, several interim orders were passed and, in pursuance to the orders passed by this Commission, the petitioner handed-over actual physical possession of plot No.101 on 6.9.2007.  While handing over of the possession, it was found that the plot No.101 measured 24” x 65”.  Petitioner demanded the price at the rate prevalent in 1992 for the excess area.  The excess area given to the petitioner comes to 13.33 sq.yd. and as per price in 1992, the amount payable comes to Rs.14,163/-. 

Counsel for the petitioner has submitted that the petitioner would be entitled to interest on the sum of Rs.14,163/- from the date of allotment, with which we do not agree.  Petitioner would not be entitled to any interest because it did not hand-over the possession of the plot to the respondent in spite of her asking for it in the year 1998.  Possession was handed over to her in 2007 during the pendency of the Revision Petition before this Commission.  Since petitioner has agreed to charge for the excess area at the same rate which was charged at the time of allotment of the of the plot in 1992, petitioner would be entitled to get only the principal amount of Rs.14,163/- for the excess area.  The petitioner would not be entitled to get any interest on the said amount.  No further extension fee will be charged.

Respondent is directed to pay the sum of Rs.14,163/- to the petitioner for the excess area received by him, within one month.  Building plan has already been submitted by the respondent.  Petitioner has agreed to issue the sanctioned plan within one week of the deposit of Rs.14,163/- towards the excess area given to the respondent.   

With these observations, Revision Petition is disposed of.