CHIEF ADMINISTRATOR, H.U.D.A. & ANR. Vs. SHAKUNTLA DEVI
SUPREME COURT OF INDIA
Chief Administrator, H.U.D.A. And Anr.
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L.NAGESWARA RAO, J. -
(1.) This Appeal is filed challenging the order dated
25.09.2007 of the National Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as 'National
Commission') by which an order of the State Consumer
Disputes Redressal Commission, Union Territory,
Chandigarh (hereinafter referred to as 'State Commission')
awarding compensation to the Respondent was confirmed.
(2.) The Respondent was allotted Plot No. 40, measuring 40 marlas in Sector 8, Urban Estate, Karnal on 03.04.1987. As physical possession of the plot was not given to her by
the Appellants, the Respondent filed Original Complaint
No. 54 of 1997 before the State Commission. In the said
complaint, the Respondent alleged that she had paid the
full price of the plot including the enhancement fee as per
the terms and conditions of the allotment letter. She
averred that she was not given the possession of the plot in
spite of repeated requests. The Respondent also pleaded in
the complaint that the Appellants were required to complete
the development work within 2 years from the date of the
allotment letter and hand over the physical possession.
She further stated that she wanted to construct a house
and the delay in handing over physical possession of the
plot resulted in additional expenditure for the building as
the price of construction material increased manifold from
1988 to 1997. On the basis of the above averments, the Respondent sought for the following reliefs in Original
Complaint No. 54 of 1997:
i. "That the opposite party be directed not to charge any extension fees for not constructing the plot within the stipulated period which could not be done because of non delivery of the physical possession of the plot.
ii. HUDA be directed not to charge interest at all on the amount because the HUDA had offered a paper possession in the year 1982 and had not handed over the physical /actual possession till date.
iii. HUDA be directed to deliver the physical possession immediately after completing development work as per the brochure and advertisement and after providing the community service such as schools, community centre, hospital etc. in the sector.
iv. The HUDA be directed to give compensation of 1.00 lac against harassment mental agony suffered due to the act and conduct of HUDA.
v. Directed to give cost to the complainant for Rs. 20,000/- against the expenditure incurred in filing this complaint and as well as for spending the amount for visiting the office of the last 8 years.
vi. The complainant be awarded interest at the rate of 18 % on the amount deposited on various time till the actual possession of the plot is given.
vii. The Respondent be directed to pay Rs. 5.00 lac escalation cost of the construction material."
(3.) The Appellants filed a written statement in which it was stated that the Respondent was allotted the plot from
the Government Discretionary Quota vide Allotment Letter
No. 5049 dated 03.04.1987. The Appellants alleged that the
Respondent did not seek delivery of possession prior to
16.07.1997. It was also stated in the written statement that an amount of Rs.28,000/- was still outstanding. It was
further alleged that the Respondent was not interested in
constructing a house and that no building plan was
submitted for approval.;
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