The main legal point established in the judgment is that persistent default in payment and failure to challenge previous orders can preclude a party from seeking relief through a writ petition.

ORDER :

1. The petitioner is aggrieved by order dated 1.10.2012 of the Division Bench of the Punjab and Haryana High Court whereby the writ petition filed by her was dismissed and the resumption of Booth Site No.170, Sector 31-32A, Gurgaon was upheld.

In response to an advertisement issued by Administrator, Haryana Urban Development Authority (HUDA), Gurgaon, the petitioner participated in the auction conducted on 9.2.1996 for commercial sites in different sectors of Gurgaon. She gave highest bid of Rs.11,50,000/- for the Booth Site described hereinabove. Her bid was accepted by the competent authority and the site was allotted to her subject to the terms and conditions embodied in Memo dated 27.2.1996, paragraphs 2, 3, 4, 5, 6 and 8 of which are reproduced below:

"2. Your bid for plot No. 170 in Sector 31-32A at Gurgaon has been accepted and the plot/building, as detailed below, has been allotted to you on freehold basis as per following terms and conditions and subject to the provisions of the Haryana Urban Development Authority Act-1977 (hereinafter referred to as the Act) and the rules/regulations applicable thereunder and as amended from time to time including terms and conditions as already announced at the time of auction and accepted by you.

No. Sector urban area Name of No. Plot Appr. In Sq. mtrs. Area the plot Price of

31-32A Gurgaon Booth site No. 170 Dimension as Notified at 2.75x8.25 2268 Rs.11,50,000/-

3. The sum of Rs.11,50,000/- deposited by you of bid money at the time of bid will be adjusted against the said plot.

4. You are requested to remit Rs. 1725000/- in order to make the 25% price of the said plot/building with in 30 days from the date of acceptance of your bid. The payment shall be made by a bank draft payable to the (Line missing) and drawn on any scheduled Bank at Gurgaon. In case of failure to deposit the said amount within the above specified period, the allotment shall be cancelled and the deposit of 10% bid money deposited at the time of bid shall stand forfeited to the Authority, against which you shall have no claim for damages.

5. The balance amount i.e. Rs.862500/- of the above price of the plot can be paid in lump sum without interest within 60 days from the date of issue of allotment letter or in 10 half yearly. The first instalment will fall due after the expiry of six months of the date of issue of this letter. Each instalment would be recoverable together with interest on the balance price at 15% interest on the remaining amount. The interest, shall, however accrue from the date of offer of possession.

6. The possession of the site will be offered to you on completion of the development works in the area

8. In case the instalment is not paid by the 10th of month following the month in which it falls due the Estate Officer shall proceed to take action for imposition of penalty and resumption of plot in accordance with the provisions of section 17 of the said Act."

The possession of the site was offered to the petitioner on 29.7.1996. Notwithstanding this, the petitioner did not pay the instalments of price. The Estate Officer issued notices to the petitioner under Section 17(1), (2) and (3) of the Haryana Urban Development Authority Act, 1977 (for short, ’the 1977 Act’) and ultimately resumed the Booth Site vide order dated 16.1.2002 passed under Section 17(4) of the 1977 Act. He also forfeited 10% of the total cost and refunded the balance amount.

The appeal filed by the petitioner against the resumption of booth site was dismissed by Administrator, HUDA, Gurgaon. Thereafter, the petitioner filed complaint under Section 12 of the Consumer Protection Act, 1986 (for short, ’the 1986 Act’) with the prayer that the order of resumption may be set aside and the booth site may be restored to her. By order dated 21.7.2003, District Consumer Disputes Redressal Forum, Gurgaon allowed the complaint, set aside the order of resumption and directed the respondents to hand over possession of the booth site wit