IMPORTANT POINT
It is incumbent on appellant to explain each day of default beyond terminus line of prescribed period of limitation.

J.M. Malik, Presiding Member—Shri S. C. Kumar son of Shiv Lal, petitioner No. 2 was the original allottee of plot No. 1961 Sector 2, Faridabad vide draw of lots on 28.12.1999 under the Government Employees Quota. Thereafter, Shri S. C. Kumar sought transfer permission and the plot was re-allotted to Smt. Pushpa Devi, petitioner No. 1. The terms and conditions of the original allotment letter were binding upon Smt. Pushpa Devi. Thereafter, Smt. Pushpa Devi approached Haryana Urban Development Authority to put her in possession of the said premises with full development and further requested Haryana Urban Development Authority to allot her an alternative plot in case they were not going to deliver the possession of the above said plot.

2. Ultimately, the complaint was filed with the District Forum with the prayer that HUDA be directed to handover the physical possession with full developed surrounding area of the plot and if it is not possible then an alternative plot may be allotted in favour of Pushpa Devi and HUDA be further directed to pay interest @18% p.a. on their deposit and Rs. 1 lakh to the escalation charges and Rs.50,000/- for mental agony, tension and unnecessary harassment and HUDA be directed to not recover any interest on delayed payment or charge any penalty or extension fees and to pay Rs.5500/- as litigation charges. The District Forum allowed the complaint.

3. It appears that HUDA issued a letter to Smt. Pushpa Devi demanding enhanced compensation of Rs.54,078/- towards the cost of the plot in question. The grievance of the complainant Smt. Pushpa Devi is that offer of possession without completing the development including providing basic amenities in the area, is contrary to the terms and conditions of the allotment. HUDA issued a letter dated 26.11.2007 to Smt. Pushpa Devi, offering to take possession of the plot. Smt. Pushpa Devi submitted the Conveyance Deed on non-judicial stamp papers for execution of deed of conveyance. On 27.12.2007, the conveyance deed was executed in favour of Smt. Pushpa Devi. On 7.12.2011, HUDA also demanded a sum of Rs.1,17,432/- plus extension fee of Rs.50,986/-.

4. Aggrieved by that order, HUDA filed an appeal before the State Commission. The appeal was delayed by 101 days but the same was condoned. However, the appeal of HUDA was dismissed on the basis of Hon’ble Supreme Court order reported in Haryana Urban Development Authority vs. Raje Ram1 wherein it was held as under:-

“7. Respondents in the three appeals are not the original allottees. They are re-allottees to whom re-allotment was made by the appellant in the years 1994, 1997, and 1996 respectively. They were aware, when the plots were re-allotted to them, that there was delay (either in forming the layout itself or delay in delivering the allotted plot on accountof encroachment, etc.) In spite of it, they took re-allotment. Their cases cannot be compared to cases of original allottees who were made to wait for a decade or more for delivery and thus put to mental agony and harassment. They were aware that time for performance was not stipulated as the essence of the contract and the original allottes had accepted the delay. The appellant offered possession to respondents (re-allottees) and they took possession of the respective plots on 27.6.2002, 21.3.2000, and 13.9.1999 respectively. They approached the District Forum in 1997, within a short period from the dates of re-allotment in their favour. They had not paid the full price when they approached the District Forum. In the circumstances, having regard to the principles laid down by this Court in Ghaziabad Development Authority v. Balbir Singh, II (2004) SPJ12(SC) : III(2004) SLT 161: 2004(5) SCC 65, Darsh Kumar (supra) and Bangalore Development Authority v. Syndicate Bank, I(2008) SLT: II(2007)CPJ 17(SC) : 2007(6) SCC 711, we are of the view that the award of interest was neither warranted nor justified.”

All these facts are squarely covered by Haryana Urban Dev