ESTATE OFFICER HARYANA URBAN DEVELOPMENT AUTHORITY Vs. S K VATS

JUDGEMENT

(1.) Haryana Urban Development Authority has come up in appeal against the order dated 2.11.1996 passed by the learned District Forum, Bhiwani, whereby the complaint of S. K. Vats, an allottee of Plot No.1277, Sector 13, Urban Estate, Bhiwani, has been allowed and refund of the amount deposited by him in pursuance of the allotment letter dated 16.6.1990 has been ordered to be made with interest @ 18% PA from the date of deposit till the date of refund, alongwith damages amounting to Rs.5,000/- on account of mental tension and harassment.

(2.) The complainant had approached the learned District Forum with the grievance that even though HUDA had allotted the aforesaid plot on 16.6.1990 and in pursuance thereof he had also deposited Rs.69,840/- soon thereafter - being 75% of the total price of the plot, yet the possession of the said plot was not delivered to him. Having waited for about 5 years, he approached the learned District Forum for the refund of the amount with interest thereon from the date of deposit. In their reply, HUDA admitted the factual position but pleaded, that as the development works were still in progress and the possession of the site was likely to be offered soon after the completion of the development works, the complainant was not entitled to any interest on the amount deposited by him. The learned District Forum allowed the complaint by ordering the refund of the entire amount deposited by the complainant as deficiency in service on the part of HUDA stood established and the complainant could not be compelled to wait for an indefinite period.

(3.) In the appeal filed by HUDA, the same stand has been reiterated by the learned Counsel for the appellant which they had taken before the learned District Forum, but we do not find any merit in the same. It is only fair and equitable that if due to some administrative exigency or priorities the development works could not be completed for the site in dispute, they should have refunded the amount deposited by the complainant with interest thereon. In view of this position, we do not find any legal infirmity in the well-reasoned and detailed order passed by the learned District Forum, Bhiwani. Consequently, we dismiss the appeal by awarding Rs.2,000/- as costs to the complainant.