IMPORTANT POINT
HUDA is not supposed to spend money from their own pocket for providing facilities.

J. M. Malik, Presiding Member—The case of the complainant is as follows. Sh. Gian Chand was allotted plot no. 760 in Sector 10, Ambala City vide allotment letter dated 18.09.1991 at a tentative price of Rs.90,720/-. The petitioner deposited 10% of the earnest money in the sum of Rs.9072/-. He further deposited the amount in the sum of Rs.13,608/- on 22.10.1991 being 15% of the consideration amount. He was to deposit 75% of the consideration amount in annual instalments of Rs.11,340/- each as per HUDA policy. The petitioner stopped paying the instalments because it transpired that the site was not developed. He filed a complaint before the District Forum. Even after 12 years, the plot was not developed. The District Forum passed the following order:-

“i) To recalculate the total outstanding amount, if any, by applying simple rate of interest on delayed payments;

ii) Not to charge possession interest as the site in question has not been developed so far and no legal possession has been offered;

iii) To deliver the possession after developing the site in all respects and making available all the facilities.

iv) To pay Rs.1,17,000/- as compensation on account of escalation in the cost of construction material and labour charges etc;

v) To pay interest @ 12% on the amount deposited by the complainant from the date of deposit till the date the possession is offered;

vi) To pay Rs.50,000/- on account of harassment, mental torture as well as loss being caused to the complainant on account of rent being paid by the complainant.

vii) To pay Rs.1000/- as litigation expenses;

viii) The opposite party shall also be liable to pay interest @ 6% p.a. on the amount of Rs.1,17,000/- and Rs.50,000/- as ordered in sub para (iv) above, if the same is not paid within 30 days from the receipt of this order.”

2. The HUDA filed an appeal before the State Commission. The State Commission held that the case was barred by time and dismissed the complaint. Aggrieved by that order the Revision Petition was filed before this Commission. The National Commission held that the appeal was within time and sent back the case to the State Commission.

3. The State Commission vide its order dated 2nd November 2012 held that the petitioner was a defaulter and was not entitled to the plot.

4. During the pendency of this case, the possession was given to the petitioner in the year 2011. Although, counsel for the respondent insisted that this case is barred by time and invited our attention towards State Bank of India Vs. B.S. Agricultural Industries (I), 2009(3) CPR 107 (SC): (2009) 5 Supreme Court Cases 121 and Haryana Urban Development Authority & Others versus Tej Refrigeration Industries Limited., (2013) 14 Supreme Court Cases 758 Yet, the question of delay pales into insignificance due to two reasons. First of all, that matter was decided by this Commission vide its order dated 21.09.2012. That order has attained finality. That order was passed against HUDA. HUDA did not approach the Apex Court for getting it set aside.

5. Secondly, it is well settled that unless or until the possession is given to the petitioner, the cause of action continues. The above said authorities are not applicable to this case. In the case of Haryana Urban Development Authority versus Tej Refrigeration Industries Limited, the application was filed six years after the cancellation of allotment letter. The facts of that case which altogether different. The case of State Bank of India versus B.S.Agricultural Industries is also not applicable because possession was yet to be delivered to the complainant and the same was ultimately given to him in the year 2011.

6. Counsel for the complainant made two submissions, first of all, the complainant is not liable to pay the interest to the OP, which was received after 2011, after the filing of this complaint. Secondly, in his complaint, the complainant has made a number of prayers. The Vth prayer runs as follows:-

“v) The opposite party