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INDER JIT SINGH
Prakash Chand Kalra – Appellant
Versus
Estate Officer, Haryana Urban Development Authority – Respondent
ORDER
The EA in the present case is for execution of decree in RP/1404/1999, which was disposed off vide order dated 19.12.2002, the relevant order is reproduced below:
“Dated: 19.12.2002
ORDER
This Commission has already taken a view in the case of Haryana Urban Development Authority Vs. R.P. Chawla (Revision Petition No. 547 & 548 of 1997) that in the case the plot originally allotted cannot be given for any reason and an alternative plot is to be provided to the allottee, the same shall be at the rate at which the original plot was allotted to him. Keeping that in view, this Revision Petition will be disposed of in the above terms.”
2. The possession of the plot in question (alternate plot allotted in 2008) i.e. plot no. 337 QP was taken over by the decree holder on 03.04.2023 in compliance of earlier orders of this Commission (order dated 07.06.2023 refers). However, the conveyance deed was still not signed and No Dues Certificate (NDC) was not issued by JD on the ground that an amount of Rs.4,14,000/- is payable by the DH as on 01.05.2023. Vide order dated 07.06.2023 directions were issued to JD to execute the conveyance deed subject to DH depositing Rs.4.14 lakhs in NCDRC,
The 'as is where is' clause in the brochure was deemed unconscionable and void under Section 23 of the Indian Contract Act, 1872. The allottee is entitled to interest for every month of delay in poss....
The court ruled that undue delays and inaction by the petitioner firm precluded relief in a writ petition regarding composition charges, emphasizing the principle of laches in legal proceedings.
Payment obligations for plot allotment must adhere to original contract terms, rejecting claims not made within stipulated timelines.
1. Interest will be calculated after the period of assured possession has elapsed – from when cause of action has arisen2. Arbitration is not a bar to consumer complaint
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