Judgements

Haryana Urban Development … vs Ranbir Singh on 27 August, 2001

National Consumer Disputes Redressal
Haryana Urban Development … vs Ranbir Singh on 27 August, 2001


ORDER

J.K. Mehra, J. Member

1. The short question in this case is whether the HUDA is justified in deducting 10% of the price and the District Forum ought to have issued to return the entire amount deposited by the Complainant/Respondent as price of the plot. The facts of the case as revealed from the record that the plot was not voluntarily surrendered Respondent had deposited the full price of the plot being Rs. 1,17,795/-, neither the possession of the plot was offered nor alternative plot was allotted despite requests from the Respondent. This compelled the Respondent to file a complaint in which proceedings it was admitted that possession has not been given to the Respondent despite her having deposited the amount of Rs. 1,17,795/- on the ground that the development work could not be completed due to stay order of the High Court on the adjoining land. This plea was rightly rejected by the District Forum. The Respondent was held entitled to refund of the entire amount together with interest at the rate of 12% p.a. An amount of Rs. 500/- was also awarded as litigation expenses. On appeal, the State Commission affirmed the order of the District Forum. We find the orders of the District Forum and the State Commission are fair and they suffer from no legal infirmity and do not call for out interference. Revision Petition is dismissed.