IMPORTANT POINT
Transfer of plot in question allowed since the original allottee himself has given an application for transferring the same in favour of complainant.

ORDER

This revision petition has been filed by the petitioner Smt. Sudesh Gupta challenging the order dated 12.07.2011 passed in First Appeal No. 2909 of 2004 by the Haryana State Consumer Disputes Redressal Commission Panchkula (in short the State Commission).

2. Brief facts of the case are that the original allottee of the plot Kasturi Lal Singla gave an application to Haryana Urban Development Authority (HUDA) on 03.01.2000 for transfer of the plot in the name of the complainant Smt. Sudesh Gupta. The HUDA vide its order dated 10.01.2000 permitted the transfer with certain conditions. The complainant complied with all conditions except that the complainant did not deposit Rs.5,258/- as was asked to be deposited within stipulated time on the ground that the original allottee had paid about Rs.37,0000/- in excess to the opposite party. The opposite party did not accept the assertion of the complainant and issued reminder to the complainant to deposit the amount. Later on, the complainant deposited this amount on 17.04.2000. However, in the meanwhile, the policy was changed on 08.03.2000 and it was required that the original allottee will execute a conveyance deed in favour of the transferee. There were certain other changes in the policy. Because of the change of the policy, the transfer could not be allowed as the amount was not deposited within the stipulated time in the letter dated 10.01.2000 before the commencement of the new policy. However, the opposite party did not cancel the application and kept the matter pending. The complainant then filed a consumer complaint bearing No.5 of 2002 before the District Forum, Ambala with the following prayers:-

“(i) To transfer the plot in question bearing no.70-P, sector-10, Urban Estate, Ambala City in the name of the complainant as per policy of the opposite party as it existed on 10-1-2000 when the permission was granted for the transfer of the plot in the name of the complainant from the name of Sh. Kasturi Lal Singla.

(ii) Not to charge any extension fee for non-construction after 10-1-2000 as residential building cannot be constructed for non-transfer of the plot on account of illegal grounds;

(iii) To pay interest at the rate of 18% per annum w.e.f. when the permission to transfer the plot was granted on the amount deposited prior to 10.1.2000 till the date of transfer of the plot in favour of the complainant.

(iv) To supply the detail of the amount along with break up paid and payable against the price of the plot in question charging simple interest @10% p.a. on the delayed payments made, if any, though there is no and refund the excess amount along with 18% p.a. interest thereon.

(v) To pay escalation charges in cost of building material and labour charges on account of illegal action on the part of opposite party for the transfer of the plot amounting to Rs.one lac:

(vi) To pay cost of proceedings amounting to Rs.5000/-;

(vii) To pay Rs.30,000/- on account of mental torture and harassment.

Or

Any other relief which this Hon’ble Forum deems fit be granted to the complainant.”

3. The complaint was resisted by the opposite party by filing the written statement. It was asserted that the case of the complainant can only be considered under the new policy, which commenced from 08.03.2000 as he did not deposit the required amount demanded vide letter dated 10.01.2000 within the stipulated time. The District Forum, however, passed the following order on 21.09.2004:-

“12. In view of the position discussed above and with the above mentioned observations the complaint is accepted and is hereby allowed and the respondent is directed to comply with the following directions within 30 days from the receipt of this order:-

(i) To transfer the plot in question in the name of Sudesh Gupta w/o R.K.Gupta as per policy of the respondent as it existed on 10.1.2000 when the permission was granted for the transfer of plot.

(ii) Not to charge any extension fee for non const