KIRPAL SINGH vs HUDA

PETITIONER was the complainant before the District Forum. Brief facts of the case are that the complainant, Kirpal Singh was allotted a plot No. 980 in Sector 46 in Faridabad. After a period of nine years, for whatever reason, complainant was offered an alternative plot in the same sector and certain further amounts were demanded. Even after making full payment of the earlier plot, the possession of the plot was not being delivered - hence a complaint came to be filed before the District Forum, who after hearing the parties allowed the complaint in following terms : "(i) It is ordered that the respondent will offer physical possession of plot No. 866, Sector-45, Faridabad, to the complainant in lieu of Plot No. 980, Sector 46, Faridabad within one month after the receipt of the present order. (ii) The respondent is further ordered to pay interest as per HUDA Policy to the complainant on the deposited amount of the complainant with the respondent with effect from its deposit till the physical possession is handed over to the complainant of the alternative plot. (iii) Rs. 20,000/- is ordered to be paid by the respondent to the complainant on account of mental agony, harassment and escalation price and Rs. 1,000/- is also awarded to the complainant on account of litigation expenses to be payable by the respondent. (iv) The respondent is further ordered to charge any amount, if it is found due, due to enhanced price, balance payment without interest from the complainant as per HUDA Policy."

NOT being satisfied with the order, the petitioner/complainant filed an appeal which was dismissed as in the view of State Commission justice has been done to the complaint by the District Forum. Aggrieved by this order, petitioner/complainant has filed this revision petition before us. We heard the parties and perused the material on record. The petitioner for further relief, has relied upon this Commission''s order passed on 31.8.2001 in HUDA & Ors. v. R.P. Chawla & Ors., RPs 547, 548 of 1997. There is no disputing the fact that the petitioner was allotted a plot in 1991, possession of which was never delivered. Instead an alternative plot was allotted after nine years, for no fault of the petitioner.

In the facts and circumstances of this case we direct the respondent, HUDA as per principle laid down in our order (supra) to charge the original price of the alternative plot No. 866 in Sector 46, Faridabad and pay interest on the deposited amount @ 18% p.a. till the date of delivery of possession which must be given now. Respondent, HUDA is directed to comply with these directions within six weeks of this order. In view of these reliefs, as laid down in our Order (supra), petitioner shall not be entitled to any other relief. The orders of both the lower Forums are modified in above terms and the Revision Petition is allowed to above extent. In the facts and circumstances of this case no order as to costs. Revision Petition allowed.