Haryana

StateCommission

A/442/2022

HARYANA URBAN DEVELOPMENT AUTHORITY - Complainant(s)

Versus

USHA DEVI - Opp.Party(s)

PARVEEN MEHTA

28 Oct 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA Panchkula

 

  Date of Instituion:05.09.2022

                Date of final hearing:28.10.2022

                                                 Date of pronouncement:13.01.2023

 

                                      APPEAL No.442 of 2022

 

IN THE MATTER OF:

 

 1.     Haryana Urban Development Authority (Now H.S.V.P), through its Chief Administrator, Haryana Urban Development Authority, Panchkula (Haryana).

2.      The Administrator, Haryana Urban Development Authority, Hisar (Haryana).

3.      The Estate Officer, Haryana Urban Development Authority, Bhiwani (Haryana).          

                                                                                       .….Appellants

Through counsel Mr. Parveen Mehta, Advocate

 

Versus

 

Smt. Usha Devi w/o Sh. Sunder Singh, resident of near Vandna Punia Nursing Home, Aggersain Chownk, Bhiwani, Tehsil & District Bhiwani.  

…..Respondent

CORAM:    S.P. Sood, Judicial Member.

                   S.C. Kaushik, Member.

 

Present:-    Mr. Parveen Mehta, Advocate for the appellant.    

                  

O R D E R

S.P. Sood, Judicial Member:

 

                    The brief facts of the present case are that the complainant had purchased plot No.821-P measuring 14 Marla (317.40 sq.yds/mtr) situated at Sector-23, HUDA, Bhiwani from initial allottee namely Sh. Krishan Lal Saini s/o Sh. Munshi Ram R/o H.No.277, old Housing Board Colony, Bhiwani and the same was re-allottee by the Opposite Party No.3 in favour of complainant vide letter dated 13.07.2005 on the basis of transfer permission dated 02.05.2005. It was submitted that the plot in question was free from all encumbrances and also that plot in question was initially allotted to Sh. Krishan Lal Saini vide letter dated 27.08.1991. As per terms and conditions of the allotment letter, the Ops have promised to the initial allottee that they will offer the possession of the plot after completing all the developmental works within the area and the same were binding between the complainant and the Ops vide transfer permission dated 02.05.2005. In the case of building, the possession shall however be delivered within 90 days from the date of issue of the allotment letter. The Ops failed to provide the basic amenities like proper parking, shades, pathway etc. till today. It is further submitted that after completing all the formalities of re-allotment letter, she requested vide letter dated 22.07.2005, 15.12.2008, 15.03.2013 for completion of development work and to hand over the physical possession of the plot in question and in response of the same, OP No.3 replied vide letter dated 03.06.2013 that the developmental work has not been completed yet, hence, the physical possession of the said plot cannot be delivered. Thereafter, she submitted many request letters for completion of development work and to handover the physical possession of the aforesaid plot but there was no response from the side of Ops. It was further submitted that the Ops have not given the physical possession of the said plot since 2005. It was also submitted that in the year 2005, the prices of construction material i.e. bricks, cement, iron rods, sand etc. were very low in comparison of the rates which prevail at present time. In this way, the complainant suffered huge loss for want of physical possession of the said plot and non completion of development work. Thus, there being deficiency in service as well as unfair trade practice on the part of Ops.

2.                Notice of the complaint was issued to Ops, upon which they appeared through counsel, but later on proceeded against ex-parte vide order dated 14.10.2019.

3.                After hearing the complainant, learned District Consumer Disputes Redressal Commission, Bhiwani allowed the complaint against the Ops vide order dated 08.04.2021.  

4.                Feeling aggrieved by the order of learned District Commission, Bhiwani, opposite parties-appellants have preferred this appeal.

5.               The arguments have been advanced by Mr. Parveen Mehta, Advocate for the appellants. With his kind assistance the entire appeal has been properly perused and examined.

6.                Perusal of the file shows that Ops (hereinafter referred as the appellants) were proceeded against ex-parte before the learned District Commission. It is not disputed that the complainant had purchased plot No.821-P measuring 14 Marla (317.40 sq.yds/mtr) situated at Sector-23, HUDA, Bhiwani from initial allottee namely Sh. Krishan Lal Saini s/o Sh. Munshi Ram R/o H.No.277, old Housing Board Colony, Bhiwani and the same was re-allotted by the Opposite Party No.3 in favour of complainant vide letter dated 13.07.2005 on the basis of transfer permission dated 02.05.2005. She requested the Ops to complete the development work and to hand over the physical possession of the said plot but the Ops failed to do the same.

7.                In view of the abovementioned facts and circumstances, we do not file any substance in the defence and pleadings of the Ops. By not developing the plot in question and non-delivery of possession of the said plot, the Ops had certainly committed deficiency in service as well as unfair trade practice. Since, the opposite party No.3 alrready replied letter memo No.2023 dated 03.06.2013 vide which they mentioned that the development work has not been completed, which certainly amounts to deficiency in service on the part of the Ops and as such, while allowing the complaint vide order dated 08.04.2021, no illegality committed by the learned District Commission, Bhiwani. Resultantly, present appeal is being devoid of merits and stands dismissed in limine.

8.                Application(s) pending, if any, stand disposed of in terms of the aforesaid Order.

9.                A copy of this order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986/2019. The Order be uploaded forthwith on the website of the commission for the perusal of the parties.

10.              File be consigned to record room.

Pronounced On: 13.01.2023                   

 

                                       (S.C. Kaushik)                    (S.P. Sood)

                                       Member                              Judicial Member

                                      Addl. Bench                       Addl. Bench                                                                  

 

S.K.(Pvt.Secy)