HUDA is liable for deficiency in service if it fails to deliver possession of an allotted plot to the allottee.

Mr. Justice S.S. Sandhawalia, President— First Appeal Nos. 198 and 201 of 1994 are directed against the same order of the District Forum, Gurgaon partly allowing the complaint. The issues of fact and law being identical, this order will govern both of them.

2. The case discloses a blatent deficiency in the services undertaken and extended out by the H.U.D.A. The salient facts which stand out are that the complainant admittedly was a Class I Officer of the Government of Haryana and impending his retirement, he applied to the Chief Administrator, HUDA for the allotment of a plot. By an allotment order dated the 4th of April, 1986, plot No. 1561 (preferential) in Sector 23-A, Gurgaon was duly allotted to him. Because of its preferential nature, extra payment of 10% of the price was to be paid and the entire sale consideration including the additional amount on account of the enhancement of the price by the Courts was duly tendered and accepted in accordance with the conditions of allotment. Apparently, after his retirement in 1987, the complainant to his consternation, received intimation vide letter dated 11th of September, 1987 that the allotment aforesaid had been cancelled. Aggrieved thereby, representation were made against the said cancellation, but it took the HUDA nearly two years to with draw the said cancellation on the 20th of November, 1989 vide Annexure P-4. However, the consumer-complainant was not still left in peace and a year later by a communication dated the 21st of November, 1990, he was informed that his preferential Plot No. 1561 had been substituted unilaterally by an altogether different Plot No. 4241, which was not preferential. Inevitably, the complainant again ran from pillar to post to have this illegal substitution rectified and brought to the notice of the authorities that another Plot No. 1937 preferential in the same sector was lying unallotted and he may be given the same, in lieu of his original preferential plot. That request of the respondent was acceded to and he was then allotted Plot No. 1937 (Preferential) vide letter dated the 20th of April, 1991 Annexure P-6.

3. It would appear that not content with the above, HUDA yet again cancelled the aforesaid allotment of Plot No. 1937 vide letter dated the 5th of September, 1991 (Annexure 1). The complainant again had to leave no stone unturned for seeking redress against the latest hardship and he heaved a sigh of relief, when he was informed that it had been decided to allot him Plot No. 1937 (Preferential) vide letter dated the 14th of August, 1992. However, in the meantime in July 1992, the said plot had been allotted to one Mrs. Kishna Jain, with the result that he was left completely in the lurch despite having paid the full price of a preferential site originally allotted to him in April 1986. Thereafter the complaint was preferred before the District Forum for a direction to the HUDA to allot him a suitable plot and to pay Rs. 30,000/- as compensation on account of harassment, mental agony and peculiar loss suffered by him for the trouble of not getting a plot in 7-8 years, and also a sum of Rs. 50,000/- because the costs of construction of a house had jumped man-folds meanwhile.

4. On notice, the HUDA was compelled to admit the broad factual matrix alleged by the complainant. It was vaguely pleaded that due to some policy decision, the allotment of the original Plot No. 1561 was cancelled, but later on the said cancellation was revoked again on account of some policy decision. The further plea was that the said plot was omitted from the lay out plan as it no longer existed on the site and hence Plot No. 4249 was allotted to the complainant, which again was substituted by Plot No. 1937. However, this allotment was also withdrawn and as such Plot No. 4249 in Sector 23 stood allotted to the complainant. It was virtually admitted that by patent in advertance a plot already allotted to Smt. Krishna Jain has been allotted and the plea taken wa