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HEMENT GUPTA, HARI PAL VERMA
Alka Narwal – Appellant
Versus
Haryana Urban Development Authority – Respondent
Headnote: Read headnote
HEMENT GUPTA, J.
1. The petitioner has claimed a writ in the nature of mandamus directing the respondents to handover the possession of Plot No. 146, Sector 15, Urban Estate, Jagadhri.
2. The case has a chequered history. The petitioner was allotted the aforesaid plot on 23.8.1991, but the possession was not delivered allegedly on the ground that development works in the area were not completed. The petitioner filed a complaint under Section 12 of the Consumer Protection Act, 1986 before the District Consumer Disputes Redressal Forum (for short the Forum) on 26.7.2000. Such complaint was decided on 23.11.2000. It was found that since the development works of the Sector were not completed and possession was not delivered, it was unjust and unfair with the respondents to withhold the amount of complainant. Thus, a direction was issued to refund the amount along with the interest thereon. The relevant extract from the order reads as under:
"3. Arguments heard with
The finality of a decision on a complaint and the requirement to comply with the order for refund of the amount deposited along with interest.
Delay in allotment of flat – Deficiency in service – Failure to provide completion/occupation certificate by Development Authority.
(1) Subsequent purchaser - subsequent purchaser who takes over the obligation of the Original purchaser to pay the balance amount, would not per se excluded from the description of a Consumer and eve....
Non-availability of the Occupancy/Completion Certificate points to the deficiency on the part of the Appellant.
A subsequent allottee can claim an alternative plot if the original plot is embroiled in legal issues, validating consumer rights under the Consumer Protection Act.
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