Nanak Chand Goel vs HUDA

THIS complaint has been filed by the complaint, Shri Nanak Chand Goel against Haryana Urban Development Authority (HUDA) alleging deficiency in service.

ACCORDING to the complainant in respect of an advertisement of allotment of plots he applied for allotment for a 160 sq. yards plot in Sector 19 of the Urban Estate in Faridabad and deposited Rs. 8,000/ - vide report dated 6.2.1973, which was allotted to him on 7.2.1973. The complainant further paid Rs. 320/ - @ 2/ - per sq. yard on account of enhancement in the land acquisition compensation. Again in February, 1986 a further sum of Rs. 3,382.40 was demanded on account of enhancement in compensation by the District/High Court. The complainant requested in March, 1987 to hand over the possession. But upon visiting the site found it under encroachment. In the meantime under pressure from the respondent, the complainant deposited another sum of Rs. 294/ - as extension fee. After protracted correspondence and further demands by the respondent, the complainant was allotted an alternative plot No. 879, P in Sector 9. Against various demands the complainant deposited/sent Rs. 10,000/ - on 6.1.1994 and Rs. 2,300.95 on 28.2.1994. In spite of these payment vide letter dated 29.7.1996 the respondent informed the complainant, even this Plot -879 -P cannot be given as it was under litigation. Thus frustrated, the complainant filed the complaint before us praying for award of Rs. 34,75,042.00 break of which is given below : Increase in Cost of Construction : Cost of construction for 2 and 1/2 storeyed Building + (plus) Basement also at present 2349 sq. feet @ 600/ - per sq. foot. Rs. 14,09,400/ - 972 sq. feet @ 500/ - per sq. foot Rs. 4,86,000/ - Rs. 18,95,400/ - Less cost of construction in the year 1976 i.e. 2349 sq. feet @ Rs. 125/ - per sq. foot =2,93,625/ - 972 sq. feet @ Rs. 90/ - per sq. foot Rs. 87,480/ - Rs. 3,81,105/ - Rs. 15,14,295/ - Compensation claimed for mental agony and physical torture for possession of plot from 1977 onwards till 1998 for visiting more than 200 times including set back to the career and loss of promotion due to frequent absence from duty. Rs. 11,00,000/ - Rent for accommodation from 1976 to 1998 @ Rs. 2,000/ - per month. Rs. 2,64,000/ - Expenditure on Journey and correspondence With HUDA for the possession of the said Plot including litigation charges. Rs. 20,000/ - Loss of Income -tax for non -availment of Capital gain under Section 54 -F of the Income Tax Act due to non -construction of the house during the allowed period, i.e. three years. Rs. 27,430/ - Out of pocket expenses incurred on more than 200 days Interest on the amount already paid to HUDA for allotment of plot and time to time payment of enhancement money to HUDA @ 18% per Annum. Rs. 5,37,317.00 Rs. 34,75,042.00

In its written version filed by the respondent, they corroborated the contents of the complaint with a rider that the situation which arose was beyond their control. Vide their letter dated 31.12.1998, they have already offered plot No. 931 -B in Sector 19 on the original terms and conditions of the allotment. The area has been demarcated on the ground.

WE have heard the parties and on perusal of the material on record, we find that it is admitted case of deficiency in service where the complainant has been waiting for a plot since 1973. In view of this Commissions order passed in HUDA v. R.P. Chawla, Revision Petition No. 547/1997, the respondent is directed to deliver and the complainant is directed to take the possession of plot No. 931 -B in Sector 19 within four weeks of this order. The respondent shall also pay interest @ 18% p.a. on the deposited amount of Rs. 21,000/ - from the respective date of deposits till the date of payment. No costs. Complaint allowed.